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   State Courts - Alabama - May 28, 2004

  
Ex parte Smith, 1030431, SUPREME COURT OF ALABAMA, May 28, 2004, Released
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Ginn v. State, CR-02-2257, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Sentence enhancement was upheld where, inter alia, defendant failed to prove that his Georgia pleas were entered under Georgia's first-offender law and were, therefore, not valid felony convictions under the Alabama Habitual Felony Offender Act.

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Hall v. Hall, 2020712, COURT OF CIVIL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Trial court properly held a husband in civil contempt for failing to convey to the wife a statutory warranty deed, as ordered in the divorce judgment, but a penalty imposed by the court for his non-compliance was held to be an improper sanction.

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Harrelson v. State, CR-02-1813, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: A search warrant was supported by probable cause; the affidavit established that criminal activity of a continuous nature was taking place on defendant's property, and thus the trial court properly denied defendant's motion to suppress.

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J.R.B.S. v. State, CR-03-0322, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Memberworks, Inc. v. Yance, 1021460, SUPREME COURT OF ALABAMA, May 28, 2004, Released
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Overview: Club was entitled to enforcement of its arbitration agreement where it proved the existence of the same with its customer, the customer did not contest its validity, and the club demonstrated that the transaction involved interstate commerce.

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Nix v. Cassidy, 2030353, COURT OF CIVIL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Where foreign judgment was domesticated in Alabama despite creditor's failure to file affidavit stating names of creditor and debtor and that foreign judgment was valid and enforceable, this did not deprive Alabama court of jurisdiction.

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Parks v. State, CR-03-0017, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Phillips v. Sentinel Consumer Prods., 2020924 ¿, COURT OF CIVIL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Where an employee failed to prove that he filed a workers' compensation claim benefits before he was terminated, the employer was properly granted judgment as a matter of law in the employee's retaliatory discharge action.

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Riley v. State, CR-03-0709, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Trial court erred in summarily denying defendant's postconviction relief petition; his guilty plea was involuntary because trial court erred in informing him that he could not be sentenced as a habitual offender since that sentence was possible.

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