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   State Courts - Alabama - June 30, 2000

  
Chenault v. State, CR-99-0813, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: Reasonable satisfaction standard of proof was met by probation officer's testimony that defendant had tested positive for cocaine and marijuana, but trial court failed to state in writing its reasons for revocation and evidence it relied on.

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Cremeens v. City of Montgomery, 1971571, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Claims against city were properly dismissed where city personnel board did not ratify custom or practice of fire chief or mayor toward members of union; free speech claims, based on fire chief's actions, were waived.

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Dobyne v. State, CR-98-0030, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: Challenging his death penalty sentence, defendant failed to establish prejudice based on ineffective assistance of counsel. Defense counsel was experienced and defendant was not entitled to errorless representation.

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Doe v. Markham, 1980021, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Trial court lacked jurisdiction to order a remittitur of punitive damages because more than 90 days had passed since defendant filed his posttrial remittitur motion. Thus, trial court's order was void and was set aside.

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Doggett v. State, CR-99-0212, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: Drug conviction and denial of motion to suppress were affirmed. National guardsmen's participation in aerial surveillance of defendant's property did not violate Posse Comitatus Act. Probable cause supported warrantless arrest.

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Drinkard v. State, CR-95-0055, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Evans v. Courtaulds Fibers, Inc., 2971386, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2000, Released
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Ex parte A.T.M., 1980829, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: In sexual abuse case involving multiple victims, two convictions were affirmed but two were reversed. State failed to establish one victim's identity and to show that defendant attempted to touch a second victim.

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Ex parte Bailey, 1980838, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: A motion to set aside plea or to clarify a sentencing order was not subject to the 30-day jurisdictional period which applied to motions for a new trial, because the clerical error in the written order could corrected by the trial court at any time.

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Ex parte Brown, 1981782, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: When the purchaser of a mobile home experienced problems and brought an action claiming breach of warranty, under the arbitration clause included within the warranty, the trial court properly compelled arbitration.

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