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   State Courts - Alabama - July 26 - August 2, 2002

  
Barngrover v. Medical Licensure Comm'n of Ala., 2010034, COURT OF CIVIL APPEALS OF ALABAMA, July 26, 2002, Released
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Overview: Finding that doctor had obtained or had procured his medical license through fraud was upheld, but state medical licensure committee did not have to await conclusion of out-of state disciplinary proceedings to initiate its own action.

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Ex parte Carroll, 1010546, SUPREME COURT OF ALABAMA, July 26, 2002, Released
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Overview: The trial court gave insufficient weight to the jury's recommendation that defendant in a capital murder case be sentenced to life imprisonment and other mitigating factors in overriding the jury's determination and imposing a death sentence.

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Haraway v. Phillips, 2010378, COURT OF CIVIL APPEALS OF ALABAMA, July 26, 2002, Released
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Overview: Trial court erred in granting husband and wife protective order under Protection from Abuse Act, where individual was never related to, married to, or in household of either of them. Thus, he was not "family or household member" under Act.

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M.H.E. v. B.E., 2010203, COURT OF CIVIL APPEALS OF ALABAMA, July 26, 2002, Released
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Overview: Trial court lacked subject-matter jurisdiction over declaratory judgment action by the mother of the deceased former husband that the deceased was not the natural parent of the child born during the deceased's marriage to his former wife.

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S.C.D. v. Etowah County Dep't of Human Res., 2010092, COURT OF CIVIL APPEALS OF ALABAMA, July 26, 2002, Released
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Overview: In a termination of parental rights case, the attorney's trial performance did not constitute ineffective assistance of counsel. Evidence supported the trial court's judgment terminating the mother's parental rights.

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State Bd. of Educ. v. Waldrop, 1010120, SUPREME COURT OF ALABAMA, July 26, 2002, Released
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Overview: Attorney's fees were reversed where a class representative failed to prove common benefit, the lawsuit did not render a public service, and if due, payment would have come out of the district budget, hindering the public education of children.

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Roberson v. State ex rel. Smith, 2001174, COURT OF CIVIL APPEALS OF ALABAMA, August 2, 2002, Released
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Overview: As appellate court could not glean from the record whether prisoner's counsel had authority to enter into stipulation agreement, forfeiting money and property over to the State, matter was remanded for hearing.

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