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   State Courts - Alabama - July 25 - July 28, 2008

  
Decker v. Decker, 2070539, COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2008, Released
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Overview: A judgment declining to terminate a former husband's alimony obligation pursuant to Ala. Code ? 30-2-55 was affirmed. The former wife testified that she had dated men other than her boyfriend and that she and the boyfriend had never shared a residence. The boyfriend did not materially or habitually contribute to the former wife's expenses.

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Ex parte Baggett, 1070112, SUPREME COURT OF ALABAMA, July 25, 2008, Released
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Ex parte Lewis, CR-07-0022, COURT OF CRIMINAL APPEALS OF ALABAMA, July 25, 2008, Released
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Overview: Petition for a writ of mandamus was granted in part, and the circuit court in a postconviction proceeding was directed to conduct an in camera inspection of the case file of defendant's trial attorney to determine the extent of the file that was to be disclosed due to defendant's waiver of the attorney-client privilege under Ala. R. Evid. 502.

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Ex parte Singleton, 1061730, SUPREME COURT OF ALABAMA, July 25, 2008, Released
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Overview: Claimant's duties included emptying large trash can; while he did not tell his supervisor he was injured at work, his statement he was injured while emptying "the" trashcan should have induced supervisor to inquire whether injury was job-related. Thus, claimant was not required to give written notice of injury to employer under Ala. Code ? 25-5-78.

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Ex parte Wolter, 1070753, SUPREME COURT OF ALABAMA, July 25, 2008, Released
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Pike v. Reed, 2070410, 2070542, COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2008, Released
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Overview: In conversion action, defendant could not appeal from partial summary judgment as to liability as that order did not grant any relief to plaintiff; because notice of appeal from that order was filed before the order was certified as a final judgment under Ala. R. Civ. P. 54(b), the trial court lacked jurisdiction to enter the certification order.

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State v. King, CR-07-0693, COURT OF CRIMINAL APPEALS OF ALABAMA, July 25, 2008, Released
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Overview: In defendant nurse practitioner's prosecution under Ala. Code ? 26-23A-7 based on administration of medication that caused two women to have abortions, State was entitled to motion in limine excluding defendant's collaborative agreement with physician as permission for administration of medication was not relevant under Ala. Code ? 13A-2-6(b).

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Walton v. Beverly Enters.-Ala., 2061121, COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2008, Released
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Overview: Employee and employer settled former's suit for workers' compensation benefits; employee released employer from "all claims" related to the incident giving rise to workers' compensation suit. As this release encompassed liability for employee's retaliatory-discharge claim under Ala. Code ? 25-5-11.1, employer was properly granted summary judgment.

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Martinez v. City of Downey, B198432, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 28, 2008, Filed
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