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   State Courts - Alabama - June 2, 2000

  
Allstate Ins. Co. v. Hugh Cole Builder, Inc., 1990046, SUPREME COURT OF ALABAMA, June 2, 2000, Released
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Overview: An insurer could contract with its insured for subrogation to the insured's claims against a third-party tortfeasor before the insured had been made whole regardless of whether the insured's claim was time-barred, if the policy so permitted.

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Ex parte Land, 1971816, SUPREME COURT OF ALABAMA, June 2, 2000, Released
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Overview: Mandamus was issued where petitioner under sentence of death sought postconviction discovery of mitigating evidence from his penal-institution records that would support his claims of ineffective assistance of counsel at sentencing.

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Ex parte Loggins, 1981574, SUPREME COURT OF ALABAMA, June 2, 2000, Released
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Overview: Death sentence affirmed; although the 180 stab and incise wounds were committed postmortem, which included removing the lung, the injuries reflected the shockingly evil, conscienceless, and pitiless nature of the crime.

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Ex parte Minor, 1990235, SUPREME COURT OF ALABAMA, June 2, 2000, Decided
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Overview: Failure to instruct jury evidence of criminal defendant's prior convictions was to be considered only for impeachment purposes and not as substantive evidence was plain error since such evidence had a naturally tendency to be highly prejudicial.

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Farmers Coop. of Ashford, Inc. v. People's Community Bank of Ashford, 2970493, COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2000, Released
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Kilpatrick v. Tetzlaff, 2990233, COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2000, Released
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Overview: Judgment for appellee reversed; an incorrect or misleading charge could be the basis for the granting of a new trial and the trial judge had given an incorrect or misleading jury instruction regarding the assets in question.

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Lanier v. Surrett, 2990475, COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2000, Released
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Overview: Judgment affirmed; legal arguments presented by appellee in motion to reconsider grant of partial summary judgment to appellant were not "new," but were simply same arguments more persuasively presented.

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Norfolk S. Ry. v. Bradley, 1990022, SUPREME COURT OF ALABAMA, June 2, 2000, Released
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Overview: A negligence defendant's lack of objection at trial to a failure to submit its verdict form, to future wage testimony including the failure to account for taxes, and to alleged economic hardship testimony precluded appellate review.

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P.W. v. Houston County Dep't of Human Resources, 2981362, 2981375, COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2000, Released
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Overview: Termination of parental rights affirmed; the trial court had authority to terminate parental rights after finding from clear and convincing evidence the parents were unable or unwilling to discharge their parental responsibilities.

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Price v. McNeil, 2990467, COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2000, Released
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Overview: In easement dispute, trial court erred in granting judgment for dominant owner and concluding servient owners had no right to use the easement. Document created nonexclusive easement and extrinsic evidence was inadmissible.

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