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   State Courts - Alabama - June 30, 2000

  
Smith v. State, CR-99-0304, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: Although appellant's indictment charged rape in the first degree, it cited the statute defining rape in the second degree. Appellant did not object to the error and the issue was waived. Thus, his conviction and sentence were affirmed.

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Snavely v. City of Huntsville, CR-99-0802, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: Convictions for driving without proper license plate and for failing to wear seat belt were affirmed. Judgment was reversed as to conviction for driving with revoked license, as appellant had never obtained a valid driver's license in Alabama.

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Southern Energy Homes, Inc. v. Davis, 1971974, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Southern Energy Homes, Inc. v. Gregor, 1980236, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Because mobile home buyer accepted benefits of warranty, buyer also accepted warranty's arbitration provisions; therefore the trial court erred by denying manufacturer's motion to compel arbitration of buyer's claims.

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Southern Energy Homes, Inc. v. Nalley, 1972228, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Overview: Court improperly denied motion to compel arbitration where record established valid formation of agreement to arbitrate and arbitration provisions validly and legally bound appellees. Federal law did not invalidate arbitration provisions.

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Stallings v. State, CR-99-0219, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: State presented sufficient evidence that appellant was armed or represented that he was armed during the robbery of the gas station. Thus, the court affirmed appellant's conviction for first-degree robbery.

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State v. Frazier, CR-99-1210, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: Although he was a part-time assistant district attorney, municipal judge was not disqualified to act as a neutral and detached magistrate because he had no other involvement in appellee's case and he did not exhibit actual bias.

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State v. S.L.S., CR-99-0600, COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: Motion to suppress was denied because the city ordinance was not inconsistent with state law because the state law did not contain any exclusivity provisions, so the arrest was valid and the search was incident to arrest.

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Sullivan v. Mazak Corp., 1980235, SUPREME COURT OF ALABAMA, June 30, 2000, Released
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Teichmann v. Teichmann, 2990254, COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2000, Released
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Overview: Judgment denying appellant credit for child support paid directly to wife reversed; although appellant was ordered to pay child support through the court, the trial court's refusal to allow the credit was abuse of discretion.

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