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   State Courts - Alabama - June 29, 2001

  
Acceptance Ins. Co. v. Brown, 1991938 and 1992026, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Trial court properly denied insurer's motion for judgment as a matter of law because insured wife's evidence presented fact question as to whether her shooting of robber was accidental and thus covered under insurance policy.

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Adams v. State, CR-00-0357, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: As defendant's claim that an officer raped her was supported by evidence of police threats and an internal investigation, court erred in limiting use of such evidence to buttress her theory the police set her up in retaliation for rape charge.

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Avery v. State, CR-00-1006, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Defendant could raise post-conviction relief claims trial and appellate counsel were ineffective and he was denied appeal without fault. He had to show appellate counsel could not assert ineffective assistance claims in timely new trial motion.

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Ballard Servs. v. Conner, 1992242, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: As the Alabama homeowners' claims against an Alabama contractor were intertwined with their claims against foreign co-defendant insurers, an arbitration clause in the contractor's agreement was enforceable under Federal Arbitration Act.

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Bostwick v. State, CR-00-1344, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Inmate could not be removed from work-release program without receiving all due process rights to which he was entitled.

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Boyd v. State, CR-00-1263, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Brown v. Dewitt, Inc., 1991967, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Contract was not subject to arbitration, despite an arbitration clause in the contract, because the transaction involving the contract did not substantially affect interstate commerce.

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Burnett v. State, CR-98-0543, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Cady v. State Bd. of Pardons & Paroles, 2991095, COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Defendant sought release from prison by way of action of the parole board, but because it was a post-conviction petition in a criminal case, the petition was exclusively in the jurisdiction of the criminal appeals court.

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Calhoun County Econ. Dev. Council v. Nat'l Sec. Fire & Cas. Co., 1982115, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Judgment was properly entered for an insurer in an action for breach of insurance contract; substantial evidence indicated a council knew of a problem that led to a lawsuit before the policy went into effect, and a policy exclusion applied.

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