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   State Courts - Alabama - August 26, 2005
  
Johnson v. State, 1040929, SUPREME COURT OF ALABAMA, August 26, 2005, Released
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Johnson v. State, CR-03-2104, COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Trial court properly denied defendant's motion for judgment of acquittal on intimidating a witness charge under Ala. Code ??13A-10-123 as jury could have concluded that defendant knew about victim's complaint and warrant against him and that he believed that victim would be called as witness in future official proceeding stemming from complaint.

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McCoo v. State, CR-03-0509, COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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McMillian v. State, CR-04-1504, COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: The trial court erroneously denied the inmate's Ala. R. Crim. P. 32 petition challenging the his life sentence under Ala. Code ? 13A-5-9(b)(3) where, after sentencing, two of the predicate offenses were vacated. Resentencing was required because, absent the habitual offender determination, a life sentence was not mandatory.

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McMorrough v. McMorrough, 2040144, COURT OF CIVIL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Where the parties' divorce judgment required the former husband to pay periodic alimony and alimony in gross that the husband refused to pay, the finding of contempt was supported by evidence from the divorce judgment, stating that the husband fraudulently disposed of marital assets to avoid an equitable division, as this was law of the case.

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Minnifield v. State, CR-04-0171, COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Because former Ala. Code tit. 13, not tit. 13A, was in effect at time of a rape, because neither the time nor place of the offense was required to be charged in the indictment, and because Ala. Code ? 13-1-130 contained no provision for jury sentencing, the trial court properly denied defendant's Ala. R. Crim. P. 32 postconviction relief motion.

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Murray v. State, CR-04-1102, COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Defendant's fourth Ala. R. Crim. P. 32 petition for postconviction relief was erroneously denied, because the absence of the element of intent in the indictment was a defect that could not be waived, and the postconviction relief petition was not subject to the limitations period set out in Ala. R. Crim. P. 32.2(c).

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Nelson v. State, CR-04-0214, COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Partain v. State, CR-04-0631, COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Peterson v. State, CR-03-1908, COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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