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   State Courts - Alabama - June 29, 2001

  
Lewis v. State, CR-99-2447, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Circuit court erred in denying petition for post-conviction relief where it was timely within statute of limitations period. Filing of writ of certiorari stayed issuance of judgment by the court of appeals and continued until final disposition.

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Mahaffey v. Mahaffey, 2000188, COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Trial court did not err in fashioning its property division and alimony award; vast majority of assets awarded to husband were subject to indebtedness for his business. Award of attorney fee to wife was not abuse of discretion.

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Murphy v. State, CR-00-0575, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Defendant's $ 5,000,000 bail was excessive when she was charged with first-degree domestic violence, due to injuries to her child, on theory she negligently supervised husband's contact with child, where child was no longer in her custody.

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Murray v. State, CR-00-1124, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Trial court did not have jurisdiction to render a judgment and impose a sentence upon defendant where the indictment against him was improperly amended, thus trial court erred by denying postconviction relief.

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Norman v. Occupational Safety Ass'n, 1992387, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Trial court abused its discretion by seizing defendant company's proceeds and enjoining it from disbursing any funds to defendant stockholder where plaintiff self-insurance workers' compensation fund had no equitable interest in the proceeds.

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Nowell v. City of Dothan, CR-99-0862, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Peoples v. State, CR-00-0231, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Trial court's order revoking probation was deficient in that merely included that appellant was arrested for an offense. It failed to include what offense he was ultimately convicted of, as a result of a plea bargain.

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Ritchie v. State, CR-00-0351, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Defendant was properly convicted of sexually abusing two boys; testimony as to defendant's prior sexual abuse of two girls was admissible to prove motive because ages of victims and circumstances of incidents were sufficiently similar.

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Siegelman v. Ala. Ass'n of Sch. Bds., 1000951, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Trial court erred in enjoining the governor from implementing a proration order to funding appropriations or disbursements for education utilized for payment of salaries in connection with various state educational programs.

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State v. Shelby, 1991190, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Circuit court erred in granting defendant's motion to suppress evidence seized via search warrant, as affidavit could be based on hearsay. Defendant failed to show affiant gave false statements or did not reasonable rely on hearsay.

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