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   State Courts - Alabama - August 29, 2008

  
Abrams v. State, CR-06-1288, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Ala. State Pers. Bd. v. Garner, 2070157, COURT OF CIVIL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: In former public employee's appeal of his dismissal under Ala. Code ? 36-26-27(a), as administrative law judge and attorney for Alabama Department of Conservation and Natural Resources were within five, not four, degrees of relationship to each other, the ALJ had not been obliged to disqualify herself under Ala. Canons Jud. Ethics 3(C)(1)(d)(i).

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Barr v. State, CR-06-0968, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Inmate's sentence of life imprisonment without the possibility of parole under Ala. Code ? 13A-5-9 was illegal, because two of the four convictions on which the trial court relied in imposing the sentence had been set aside since his sentencing. Maximum sentence was thus life imprisonment or not less than 99 years.

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Bon Aventure, L.L.C. v. Craig Dyas L.L.C., 1051679, SUPREME COURT OF ALABAMA, August 29, 2008, Released
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Overview: Grantee was not bound by restrictive covenants, as language in deed indicating conveyance was "subject to" the covenants was ambiguous; it did not state that deed incorporated covenants, and was not clear as to whether covenants were to become new encumbrance on property. Further, covenants stated they did not apply to land conveyed to grantee.

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Bonds v. State, CR-07-0523, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Burton v. State, CR-07-0354, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Butler v. Phillips, 2070488, COURT OF CIVIL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Appeal was dismissed as trial court's failure to dispose of mother's motion for contempt rendered trial court's judgment, which vacated denial of father's first custody-modification petition, and awarded father primary physical custody of children, nonfinal.

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Carlton v. Hollon, 1070823, SUPREME COURT OF ALABAMA, August 29, 2008, Released
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Overview: Land owners presented substantial evidence under Ala. Code ? 12-21-12(d) to overcome adjacent land owners' summary judgment. Owner's affidavit and testimony of adjacent owners presented evidence creating jury question as to whether adjacent owners, by failing to remedy conditions on their land, had injured owners' land and were liable for damage.

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Combs v. Combs, 2061134, COURT OF CIVIL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Judgment was affirmed as wife was not voluntarily unemployed, and failure to impute income to wife under Ala. R. Jud. Admin. 32(B)(5) was proper as wife was not employed outside home during majority of parties' marriage, and since separation, wife had gone back to college and had attempted to rejoin workforce, but had not found job.

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D.W. v. State, CR-07-0705, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Without sufficient evidence that defendant used physical force or threats to overcome the victims' earnest resistance or place them in fear of immediate death or serious injury, forcible compulsion under Ala. Code ? 13A-6-60(8) was not shown; thus, his delinquency adjudication for first-degree sodomy under Ala. Code ? 13A-6-63(a)(1) was reversed.

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