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   State Courts - Alabama - August 31, 2007
  
J.E. v. N.K., 2060656, COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2007, Released
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J.W.M. v. Cleburne County Dep't of Human Res., 2060505, COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Clear and convincing evidence supported termination of father's parental rights under Ala. Code ? 26-18-7(a) since it was extremely unlikely that father had permanently terminated relationship with mother, and father's codependency constituted unresolved condition that prevented him from properly caring for children.

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Jackson v. State, CR-06-0148, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Decided
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Overview: Defendant was entitled to new trial on attempted murder charge as the trial court gave an incorrect and incomplete self-defense instruction to the jury when it failed to include fact that under Ala. Code ??13A-3-23, defendant had no duty to retreat when he was at his own home and also failed to include "freedom from fault" portion of instruction.

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Jenkins v. State, CR-05-1577, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Decided
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Johnson v. Huxford Pole & Timber Co., 2060087, COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Because a widow voluntarily left the husband and received no support from him, she was not a workers' compensation dependent under Ala. Code ? 25-5-61(1); pursuant to Ala. Code ? 25-5-11(a), the employer was entitled to a credit for money received by the son as a consequence of a third-party tort action brought by the personal representative.

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Johnson v. State, CR-05-1888, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Decided
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Overview: Summary denial of an inmate's petition for post-conviction relief was error because the inmate's claims of ineffective assistance of counsel and challenges to the voluntariness of his guilty plea may properly have been presented for the first time in a timely filed Ala. R. Crim. P. 32 petition. The inmate's claims were not precluded.

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Johnson v. State, CR-05-2414, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Because defendant pleaded sufficient facts about the voluntariness of his plea and the ineffectiveness of his counsel that would entitle him to relief, and because trial court's order contained no specific findings of fact with regard to allegations, trial court erred in summarily denying his Ala. R. Crim. P. 32 petition for postconviction relief.

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Jones v. State, CR-05-0527, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Landers v. Lowe's Home Ctrs., 2060303, COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Judgment was affirmed as employee was entitled to permanent partial disability benefits since substantial evidence indicated that employee's injury did not completely eliminate employee's ability to be retrained. It was of no import that evidence that employee was totally disabled under Ala. Code ? 25-5-57(a)(4)d. might be more credible.

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Long v. Wade, 1041887, 1050001, SUPREME COURT OF ALABAMA, August 31, 2007, Released
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