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   State Courts - Alabama - June 27, 2003
  
Kabat v. State, CR-01-1076, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Regardless of the illegality of defendant's first statement, the evidence of the victim's body and the crime scene was admissible under the inevitable-discovery exception and the independent-source exception to the exclusionary rule.

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Kaiser v. Kaiser, 2010287, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Trial court erred in awarding wife portion of husband's retirement accounts, as parties had not been married for 10 years when wife filed her divorce complaint. It was not abuse of discretion to award primary physical custody of children to husband.

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Lee v. State, CR-00-0084, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Defendant's capital murder and attempted murder convictions and his capital sentence were affirmed as the trial court did not err in the conduct of the voir dire or the trial, and the sentence was appropriate.

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Matchum v. State, CR-02-0379, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Defendant's sentence for possession of a pistol after a conviction of a crime of violence was properly enhanced under the Alabama Habitual Offenders Act.

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McInvale v. State, CR-02-1231, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Med. Licensure Comm'n v. Almeida, 2011096, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Miller v. Miller, 2010967, COURT OF CIVIL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Trial court erred in finding divorcing parties' 18-year-old son, a college student who worked 30-35 hours per week, was emancipated, as he lived with his mother and did not pay either parent for his room, board, clothing, vehicle, or gasoline.

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Moore v. State, CR-02-0453, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Where a trial court omitted a five-year enhancement when reconsidering defendant's sentence, the court exceeded its jurisdiction because the sentence was valid and the court was only to change its execution.

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N.L.H. v. State, CR-02-0877, COURT OF CRIMINAL APPEALS OF ALABAMA, June 27, 2003, Released
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Overview: Defendant did not preserve the weight of the evidence claim for appellate review; although insufficient to find second-degree criminal mischief, the evidence was sufficient to find that defendant committed third-degree criminal mischief.

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Nationwide Ins. Co. v. Rhodes, 1020160, SUPREME COURT OF ALABAMA, June 27, 2003, Released
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Overview: As the term "regularly lives in your household" was not ambiguous, the court incorrectly found ambiguity in contract language and incorrectly entered a summary judgment for an insured. Summary judgment for the insurer was proper.

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