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   State Courts - Alabama - June 23, 2000

  
Allmerica Fin. Life Ins. & Annuity Co. v. Miller, 1980529, 1980530, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Because appellee's claims involved the insurance business of appellant insurer, they fell under the insurance exception of the securities dealer association code of arbitration, and were specifically excepted from arbitration.

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Connell v. Parish, 2990062, COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2000, Decided
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Overview: A judgment of divorce between husband and wife was not final when the husband committed suicide less than 30 days from the date of filing the summons and complaint; therefore his death abated the divorce action.

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Drummond Co. v. Lolley, 2990131, COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2000, Released
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Overview: Decedent's widow was entitled to receive workers' compensation benefits where decedent died from a cause unrelated to his work injury and where the benefit amount to which he was entitled had been established prior to his demise.

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Ex parte Ferguson, CR-99-1680, COURT OF CRIMINAL APPEALS OF ALABAMA, June 23, 2000, Decided
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Overview: Habeas petition granted in part; circuit court directed to state reasons for denying habeas corpus relief and state findings of fact as to why bail was fixed at an amount substantially higher than recommended amount in bail schedule.

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Ex parte Hammonds, 1990258, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Capital murder and death sentence affirmed; no error found in guilt phase or sentencing phase. The evidence supported the trial court's findings and the death sentence was appropriate under the circumstances.

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Ex parte Handley, 1990420, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Insurance company waited 18 months to compel arbitration, engaged in discovery, and filed third-party indemnity action and thus substantially invoked the litigation process and waived its right to arbitrate insured's claims.

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Ex parte Howle, 1982205, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: When spouse raised the issue of alleged battery in divorce and accepted payment of medical expenses related to alleged battery, ex-husband was entitled to summary judgment on assault-and-battery claim on res judicata grounds.

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Ex parte Ingram, 1990282, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Trial court imposed a death sentence as aggravating circumstances outweighed mitigating. Appellant's sentence was not influenced by passion or other arbitrary factors and it was not excessive. Thus, death sentence was appropriate.

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Ex parte James, 1980820, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Driver from whose car people ran away when approached by police, and who calmly drove away, had the right to ignore police such that his stop was unconstitutional; as was police discovery of a drug in a pocket of his that had not been patted down.

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Ex parte Usrey, 1961859, SUPREME COURT OF ALABAMA, June 23, 2000, Released
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Overview: Employee's evidence created a genuine issue of material fact as to whether employer's stated reason for terminating employee was merely a pretext for discharge in retaliation for employee filing workers' compensation claim.

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