Alabama, August, 2003, State Case law

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State Courts - Alabama - August 29, 2003

Lanier Worldwide, Inc. v. Clouse, 1011194, SUPREME COURT OF ALABAMA, August 29, 2003, Released
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Overview: Suit filed by printer against distributor was subject to mandatory arbitration under Federal Arbitration Act as performance of services and monthly invoicing by distributor evidenced its assent to purchase order containing arbitration clause.

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Lucious v. State, CR-02-1445, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: In a post-conviction proceeding, a remand was required to allow a trial court to make a specific factual finding concerning whether the State improperly used a youthful-offender adjudication to enhance the inmate's sentence as a habitual offender.

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Murray v. State, CR-02-0318, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Where the record was silent as to whether defendant was represented by counsel at the sentencing proceedings or whether he waived his right to counsel, the case had to be remanded for a new sentencing hearing with counsel.

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Pate v. State, CR-02-0506, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Summary denial of defendant's post-conviction petition was upheld. However, where his prison sentence was over 20 years, it could not have been suspended. If requested, defendant was, on remand, to be allowed withdrawal of his guilty plea.

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Patterson v. State, CR-02-1137, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Because it was unclear whether defense counsel misinformed defendant regarding his eligibility for incentive good time credit if he pleaded guilty to first-degree burglary, defendant's appeal was remanded to resolve the uncertainty.

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Pruitt v. State, CR-02-1088, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Although the trial court did not lack subject-matter jurisdiction, and double jeopardy was not violated, because count two of the indictment charged defendant merely with misdemeanor DUI, it would not support a conviction for felony DUI.

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Salva v. State, CR-01-2533, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Although circumstantial evidence supported defendant's conviction for first-degree assault following his head-on collision, defendant's DUI conviction had to be vacated because that offense charged the same conduct in violation of double jeopardy.

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Shaver v. State, CR-02-0773, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Simmons v. State, CR-02-1477, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Where the inmate was sentenced to 20 years for a drug sale offense and his sentence was enhanced 10 years due to his proximity to a school and a housing project, the trial court improperly split his sentence; the sentence was more than 20 years.

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Simpson v. State, CR-01-2408, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Because defendant was informed of the date of his trial and his right to be present, a trial court was allowed to conduct a trial in absentia because defendant had impliedly waived his right to attend the proceedings.

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