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   State Courts - Alabama - June 27, 2003

  
Clark v. State, CR-99-1062, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: The procedure by which defendant was sentenced to death fully complied with the Ring decision of the United States Supreme Court; the jury's guilt-phase verdict alone exposed defendant to a range of punishment that included the death penalty.

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Clayton v. State, CR-01-2493, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Cockrell v. State, CR-01-2097, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Trial court erred by denying defendant's motion for a judgment of acquittal, as there was no evidence that defendant intended to murder the victim; rather, there was only evidence that defendant intended to murder another individual.

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Crawford v. State, CR-01-2205, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Defendant who was charged with reckless murder for allegedly causing death of another motorist in a vehicle accident was entitled to have jury charged on vehicular homicide, and trial court erred by refusing defendant's request for that instruction.

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D.K.T. v. State, CR-02-1130, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Where the evidence supported two charges of third-degree theft, rather than one second-degree charge and one third-degree charge, the matter was remanded for resentencing; the issue of intent was not preserved for appellate review.

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Ex parte 84 West, Inc., 1020895, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Ex parte Creech, 1020055, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Ex parte Fort James Operating Co., 1020678, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: A writ of certiorari was quashed as improvidently granted because an employer seeking review of certain attorney fee calculations lacked standing to seek the writ where the court of appeals had granted it the relief it sought.

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Ex parte Kelley, 1012018, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: Reputed drug dealer's apparent drug sale to a man, his furtive transfer of an item to defendant, and her concealment of the item, in a club that was the subject of complaints of drug sales, gave officer probable cause to stop and search defendant.

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Ex parte Key, 1011682, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: Judicial abrogation of year-and-a-day rule was improper, and in camera review of a witness's prior statement was wrongly declined, but admitting cumulative grand jury testimony was harmless, and victim's hospital records were statutorily admissible.

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