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   State Courts - Alabama - May 28, 2004

  
S.S. v. Madison County Dep't of Human Res., 2030138, 2030139, 2030140, COURT OF CIVIL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: A trial court's termination of a father's parental rights was not supported by the evidence, as he was involved with his child and was not offered sufficient services to assist him with his living environment or to otherwise promote reunification.

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Salter v. State, CR-02-2084, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: A trial court's order of revocation of defendant's probation was inadequate because it failed to state the evidence relied upon or the reasons for the trial court's decision; a new proper order was to be entered on remand.

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Smith v. State, CR-02-0319, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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State ex rel. Tyson v. Ted's Game Enters., 1021125, SUPREME COURT OF ALABAMA, May 28, 2004, Released
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Overview: Coin-operated amusement machines were not statutorily exempt from the Alabama Constitution's prohibition against legislation that authorized and regulated gambling devices in which chance predominated over skill in determining the outcome.

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State v. Gause, CR-02-2273, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Where defendant's counsel's decision not to interview a confidential informant was based on defendant's lies and misinformation to his counsel, any error was invited and could not be construed as ineffective assistance.

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State v. McPherson, CR-03-0289, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: A trial court erred in granting defendant's motion to suppress evidence seized from his person and his vehicle during a traffic stop, as the detention was not for an unreasonable amount of time and criminal activity was reasonably suspected.

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State v. Murray, 1021915, SUPREME COURT OF ALABAMA, May 28, 2004, Released
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Overview: Petition for a writ of mandamus was granted in part, and a trial court was directed to dismiss a subsequent indictment against defendant as a double jeopardy violation and to reinstate defendant's prior conviction and sentence for felony murder.

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Steele v. State, CR-02-1870, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: First-degree sexual abuse conviction was upheld. However, because the State failed in its burden to prove that an out-of-state felony conviction corresponded to an Alabama felony, a re-sentencing hearing was ordered.

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Stinson v. State, CR-03-0677, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: A trial court was required on remand to state in its order of revocation of defendant's probation the evidence on which the trial court relied, as well as the trial court's reasons for its decision.

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Taylor v. State, CR-03-0625, COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: A trial court's order revoking defendant's probation was inadequate, because it failed to state the specific evidence upon which the trial court relied in reaching its decision; the trial court was to enter a new order on remand.

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