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   State Courts - Alabama - August 30, 2002

  
Killen v. State, CR-01-1402, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Lanier v. State, CR-01-0958, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Overview: There was no indication that defendant was apprised of his right to be represented by counsel at the probation-revocation hearing or that the trial court made an initial determination of whether defendant was entitled to counsel.

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Lewis v. Conseco Fin. Corp., 1010772, 1010752, SUPREME COURT OF ALABAMA, August 30, 2002, Released
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Overview: Because of an arbitration provision in an installment agreement, the buyers of a mobile home had to resolve their dispute with the seller and the finance company in arbitration, as the transaction had a substantial effect on interstate commerce.

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Lykes v. State, CR-01-0974, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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MacEwan v. State, CR-99-0463, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Mercy Med. v. Gray, 2010198, COURT OF CIVIL APPEALS OF ALABAMA, August 30, 2002, Released
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Overview: Although the trial court did not support its findings for remittitur, it correctly determined that collateral estoppel did not apply and that the employer's stated reasons for the employee's termination were pretextual.

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Moffitt v. State, CR-00-0574, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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N. Montgomery Materials v. Fed. Ins. Co., 2010154, COURT OF CIVIL APPEALS OF ALABAMA, August 30, 2002, Released
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Overview: Trial court erred in granting summary judgment in favor of the landscaper and the insurer, where there was substantial evidence of a genuine issue of material fact as to the elements of the affirmative defense of collateral estoppel.

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Russ v. State, CR-00-2592, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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Overview: A remand of the dismissal of defendant's petition for postconviction relief was required to determine when or if defendant received an order denying an earlier petition in order to determine if defendant was entitled to an out-of-time appeal.

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Russell v. City of Mobile, CR-00-1160, COURT OF CRIMINAL APPEALS OF ALABAMA, August 30, 2002, Released
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