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   State Courts - Alabama - June 25, 2004

  
Deardorff v. State, CR-01-0794, COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: The evidence established the aggravating circumstance for the death penalty that the murder was especially heinous, atrocious, or cruel was fully supported by the record, as the victim suffered prolonged psychological torture.

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Dellocono v. Thomas Hosp., 2030284, COURT OF CIVIL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Hospital was not entitled to summary judgment, in a personal injury/product liability action filed against it, where its owner was a public corporation, and plaintiffs were not required to give the county commission notice of their claims.

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Dierking v. State, CR-02-2020, COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Where the Alabama Court of Criminal Appeals' certificate of judgment in a petitioner's direct appeal was issued on June 8, 2001, a two-year limitation period applied to his petition for post-conviction relief and his petition was timely.

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Edwards v. Edwards, 2030125, COURT OF CIVIL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Trial court erred in ruling that alimony continued until the husband reached age 65 or ceased regular employment, when the alimony automatically reduced. Order which automatically reduced alimony on occurrence of future events was reversed.

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Ex parte Ala. Dep't of Mental Health & Mental Retardation, 1022193, 1030021, SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Ex parte Brooks, 1030462, SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: As a motion to dismiss did not refute a prisoner's habeas corpus allegation that the punishments imposed as a result of disciplinary charges included removal from the work-release program, the court had to assume the allegation was true.

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Ex parte C.L.C., 1021541, SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: Where probate court sent case to juvenile court solely to address issue of termination of parental rights, juvenile court exceeded jurisdiction by granting an adoption petition, and that judgment was therefore void.

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Ex parte Carlisle, 2030516, COURT OF CIVIL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: State agency was granted mandamus relief dismissing a tax appeal which sought a tax refund, as it was immune from the claim, and where the taxpayer failed to follow the statutory procedures for initiating an appeal from a final assessment.

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Ex parte Snyder, 1030871, SUPREME COURT OF ALABAMA, June 25, 2004, Released
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GMAC v. City of Red Bay, 1021294, SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: Class certification order was vacated, as named plaintiffs had failed to comply with Alabama Taxpayers' Bill of Rights and Uniform Revenue Procedures Act prior to instituting suit against corporation for its failure to collect sales taxes.

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