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   State Courts - Alabama - June 30, 2000

  
Ex parte Cummings, 19814281, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Petitioner granted writ of mandamus ordering vacation of order denying motion to compel production of workers' compensation files held by respondents, as respondents failed to prove files covered by work product or attorney-client privilege.

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Ex parte Flynn, 1981999, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Even if nurse's decisions when implementing treatment orders required her to exercise judgment, such decisions did not fall into established category of discretionary decisions for which state agent would have been immune from civil liability.

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Ex parte Hinson v. Holt, 1980952, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Ex parte Hitt, 1980253, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: The 30-day jurisdictional period during which the trial court could amend petitioner's DUI sentence on its own motion was not tolled by the pendency of petitioner's new trial motion.

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Ex parte Howlet, 1981736, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Order extending deadline for deciding motion for new trial to a date 14 days after completion and delivery of the trial transcript satisfied criminal procedural rule requiring decision to be continued to a date certain.

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Ex parte Jim Walter Homes, Inc., 1981532, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: In order to avoid appearance of impropriety, judge who had disqualified himself had no power to transfer cases to another judge, and orders entered by second judge were vacated.

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Ex parte Kraatz, 1980219, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Whether poor lighting led to plaintiff's fall and injuries was a question for the trier of fact. Thus, trial court improperly granted defendant's summary judgment motion and appellate court improperly affirmed that judgment.

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Ex parte LifeUSA Ins. Co., 1981504, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Ex parte M.T.S., 1981057, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Where inspector's logbook indicated that intoxilyzer passed inspection but also that results of one of two required tests fell outside acceptable range of deviation, admission of results of defendant's blood-alcohol test was error.

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Ex parte McNeil, 1981873, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Default judgment on promissory note against defendant based on service by publication was void where statute and case law expressly held that service by publication was not allowed in cases on promissory notes.

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