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   State Courts - Alabama - July 6, 2001

  
Alexander v. Wade, 2980274, COURT OF CIVIL APPEALS OF ALABAMA, July 6, 2001, Released
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Ex parte Ala. Tenure Comm'n, 1000271, SUPREME COURT OF ALABAMA, July 6, 2001, Released
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Overview: To determine tenured employees' entitlement to separate hearings before tenure commission regarding termination, decisions regarding severance of criminal defendants were applied. Employees did not show they suffered compelling prejudice.

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Ex parte Bogan, CR-00-1168, COURT OF CRIMINAL APPEALS OF ALABAMA, July 6, 2001, Released
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Overview: Circuit court was without jurisdiction to dismiss defendant's petition for post-trial relief while defendant's direct appeal of dismissal of defendant's prior petition for relief was pending decision.

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Ex parte Charest, 1992221, SUPREME COURT OF ALABAMA, July 6, 2001, Released
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Ex parte Colquitt, 1000884, SUPREME COURT OF ALABAMA, July 6, 2001, Released
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Overview: Trial court did not abuse its discretion in staying proceedings and requiring credit card holder to pursue an arbitration proceeding in her claim against a bank because of an arbitration provision in the credit card agreement.

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Ex parte Ferguson, 1992209, SUPREME COURT OF ALABAMA, July 6, 2001, Released
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Overview: In sentencing appellant to death for capital murder, the trial court clearly considered appellant's offer of the mitigating evidence of his mental health, but gave that evidence little weight when compared to the other evidence it had before it.

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Ex parte Fleming, CR-00-1813, COURT OF CRIMINAL APPEALS OF ALABAMA, July 6, 2001, Released
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Overview: Defendant forfeited constitutional right to pretrial bail by his felonious conduct while on bail, and trial court complied with provisions of applicable rule of criminal procedure when revoking bail.

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Ivey v. State, 1001412, SUPREME COURT OF ALABAMA, July 6, 2001, Released
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Overview: Alabama's criminal defamation statute was unconstitutional as it did not require proof of actual malice as defined in New York Times, and court could not save the statute without passing from interpretation to engaging in legislation.

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Karl Storz Endoscopy-Am., Inc. v. Integrated Med. Sys., 1000580, SUPREME COURT OF ALABAMA, July 6, 2001, Released
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Overview: As contract's arbitration clause provided for mandatory arbitration, defendant did not waive rights to arbitrate the dispute, and plaintiff's tort claims were within the scope of arbitration provisions, court was obliged to compel arbitration.

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Myrick v. Barron, 1992055, 1992056, 1992057, SUPREME COURT OF ALABAMA, July 6, 2001, Released
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Overview: Investigation of senator was not a wrongful invasion of the senator's privacy since the investigation only consisted of a review of public records and interviews with people who knew the senator.

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