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   State Courts - Alabama - September 6 - September 7, 2007
  
Ex parte Gillentine, 1051370, SUPREME COURT OF ALABAMA, September 6, 2007, Released
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Overview: Defendant's conviction of lesser offense of manslaughter was express acquittal of greater offenses of capital murder or murder, as jury had been instructed it could consider manslaughter only if State had not proved elements of greater offenses. Thus, Fifth Amendment's double jeopardy ban precluded retrying defendant for capital murder or murder.

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BellSouth Telecomms., Inc. v. Ala. PSC, 1041537, SUPREME COURT OF ALABAMA, September 7, 2007, Released
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Overview: State public service commission erred in directing telecommunications company to refund to trade association's members a certain sum for excessive rates allegedly charged; federal law and Federal Communications Commission orders did not preempt state regulatory scheme and, thus, state public service commission was without authority to order refund.

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Chambers v. Tibbs, 2060480, COURT OF CIVIL APPEALS OF ALABAMA, September 7, 2007, Released
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Overview: Appeal was dismissed as parents could not represent child's interests under Ala. Const. art. I, ? 10 and Ala. Code ? 34-3-6 in action against school principal based on her refusal to allow child to go on field trips without parental release. Ala. R. Civ. P. 17(c) did not confer upon minor's representative right to practice law on behalf of minor.

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Cheek v. Dyess, 2060124, COURT OF CIVIL APPEALS OF ALABAMA, September 7, 2007, Released
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Overview: Judgment was reversed as there was insufficient evidence that a material change in circumstances supported a change in custody of two youngest children to father as children's grades improved after initial dip after divorce, and mother had disciplined oldest son when school performance declined or when she caught him drinking or smoking.

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Ex parte Branch, 1051783, SUPREME COURT OF ALABAMA, September 7, 2007, Released
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Overview: Trial court should have dismissed a claim against a college president, and a mandamus writ was issued directing trial court to dismiss the claim, because the sole relief sought from the college president was an injunction enjoining him from failing to exercise a power he no longer had when the complaint was filed, and thus the claim was moot.

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Peebles v. Mooresville Town Council, 1060335, SUPREME COURT OF ALABAMA, September 7, 2007, Released
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Overview: Trial court did not err in granting summary judgment to town representatives on town residents' lawsuit alleging zoning ordinance the town representatives enacted was invalid; Ala. Code ? 11-52-70 authorized enactment of comprehensive zoning ordinance, motive for legislators enacting ordinance was irrelevant, and proper body enacted the ordinance.

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Peterson v. Lowndes County Bd. of Educ., 1051450, SUPREME COURT OF ALABAMA, September 7, 2007, Released
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Overview: Head Start workers were employees of a county board of education, and thus entitled to the protections of Alabama Fair Dismissal Act, Ala. Code ? 36-26-100 et seq., since under federal regulations, board in effect had right to select them, and its control over Head Start director was indicative of its ability to control other Head Start workers.

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W.P. v. Madison County Dep't of Human Res., 2060161, COURT OF CIVIL APPEALS OF ALABAMA, September 7, 2007, Released
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Overview: Judgment was reversed as father's acts of domestic violence did not support termination of father's parental rights under Ala. Code ? 26-18-7 as they occurred nearly four years before child's birth, he had completed an anger-management course, and he had not committed acts of domestic violence against mother, who had resided with him for two years.

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