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State Courts -
Alabama - July 29 - August 5, 2005
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Buist v. Time Domain Corp., 1031396,
SUPREME COURT OF ALABAMA, July 29, 2005, Released
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Overview: Trial court erred in granting summary judgment to corporation, its officers, and its directors on the stockholder's claim against them under the Alabama Securities Act, Ala. Code ? 8-6-1 et seq., as they did not show his state claim was preempted by federal regulations and, thus, that there was no material issue of fact regarding his state claim.
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Ex parte Perkins, CR-04-1713,
COURT OF CRIMINAL APPEALS OF ALABAMA, July 29, 2005, Decided
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Overview: Although under Ala. R. Crim. P. 32, defendant was entitled to discover records held by specific agencies and courts that related to his ineffective assistance of counsel claims, he was not entitled, inter alia, to material that constituted work-product, his relatives' files, or, pursuant to Ala. Code ? 15-22-36(b), the parole board's files.
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G.E.A. v. D.B.A., 2040392,
COURT OF CIVIL APPEALS OF ALABAMA, July 29, 2005, Released
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Overview: Wife paid filing fee for contempt petition, and husband's claim that wife did not bring independent action by filing contempt action was meritless. Where husband had, in motion to trial court and appeal, indicated that judgment was in favor of wife, his liability was established, through law of case doctrine, despite any purported ambiguity.
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