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   State Courts - Alabama - August 30, 2002

  
A.C.M. v. State, CR-00-2473, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Overview: Rape victim's statements were properly admitted under the excited-utterance exception to the hearsay rule as she was still under the stress of excitement caused by the attack. Although seven hours later, she had been unconscious most of that time.

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Alafabco, Inc. v. Citizens Bank, 1010703, SUPREME COURT OF ALABAMA, August 30, 2002, Released
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Overview: Trial court erred in compelling arbitration of a dispute, where the borrower of a loan signed arbitration agreements when it entered into a debt restructuring with a bank after the borrower defaulted on loans from the bank.

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Apex Coal Co. v. Ala. Surface Mining Comm'n, 2991244 and 2991245, COURT OF CIVIL APPEALS OF ALABAMA, August 30, 2002, Released
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Arrington v. State, CR-00-0995, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Overview: Appeals court reversed robbery and attempted murder convictions and remanded for new trial; trial court action did not correct State's failure to turn over Brady materials to allow defendant to locate witnesses to get their favorable testimony.

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Black v. State, 1010599, SUPREME COURT OF ALABAMA, August 30, 2002, Released
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Campbell v. City of Daphne, CR-01-0664, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Overview: The circuit court erred in denying defendant's motion to reinstate an appeal of defendant's DUI conviction by a municipal court, because the dismissal of defendant's appeal when he failed to appear at an arraignment hearing was premature.

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Carter v. State, CR-98-1976, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Carter v. State, CR-01-1134, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Overview: The trial court erred in summarily denying defendant's petition for postconviction relief; defendant's claim that his sentence was improperly enhanced based upon a misdemeanor conviction, if true, would have entitled defendant to relief.

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Casey v. State, CR-98-1661, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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City of Huntsville v. Tack, 1010459, SUPREME COURT OF ALABAMA, August 30, 2002, Released
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