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   State Courts - Alabama - June 28, 2002

  
Cole v. State, CR-00-1103, COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Conner v. State, CR-01-0013, COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Criminal action was remanded for resentencing where defendant's original sentence was erroneous in that the trial court split the 20-year sentence, and the trial court was without jurisdiction to split any portion of defendant's sentence.

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Conner v. State, CR-01-0097, COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Defendant was not a state inmate in county custody. When defendant left his place of employment, he escaped from custody, and he was properly indicted for and convicted of escape in the third degree.

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Conseco Fin. v. Murphy, 1002054, SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Where finance corporation showed that loan between it and debtors involved interstate commerce, as was required for application of arbitration clause, and debtors failed to refute this proof, trial court erred in failing to compel arbitration.

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Cooney v. Cooney, 2010042, 2010222, COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Granting of the wife's motion to dismiss as to her complaint for divorce was not error by the trial court. The trial court's judgment granting the wife's motion to dismiss as to the husband's counterclaim was reversed.

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Davis v. Russell, 2010179, COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: The coach was not fired. His services as head baseball coach were no longer needed and he was properly reassigned new coaching duties.

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Davis v. State, CR-00-1678, COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: There was no basis in the evidence presented to the jury to warrant a charge on the entrapment defense. Defendant's second and third arguments were not preserved. Trial court did err in enhancing defendant's sentence.

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Deas v. State, CR-01-0608, COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Defendant's claim appeared to have merit because a separate case, decided prior to his conviction, held that double jeopardy was violated when a defendant was convicted of both capital murder and a lesser-included murder.

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Dowdell v. State, CR-01-0610, COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Postconviction relief petition was properly denied where claim of newly discovered evidence was time-barred. Had defendant filed petition within reasonable time, claim that he had only recently learned about DNA testing would have been credible.

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Elmore County Bd. of Educ. v. Thornton, 2000308, COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: School bus driver could not be treated as a probationary employee as the school years for which employee was employed were not limited to the nine-month school terms, but included the summer months falling between the nine-month school terms.

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