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   State Courts - Alabama - October 25, 2002

  
Grant v. Grant, 2010869, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Modified child support calculations were clearly erroneous, as they were incorrectly based on parties having three children instead of one by including husband's children from prior marriage. Contempt ruling against wife was not abuse of discretion.

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Harrington v. State, CR-00-1861, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: In reckless manslaughter case, evidence of victim's violence was irrelevant, and error in precluding expert testimony on whether defendant suffered from battered woman syndrome was harmless. Victim's psychological evaluation was correctly excluded.

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J.L.N. v. State, CR-00-2209, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Court reversed defendant's conviction under Alabama Community Notification Act for violating rule prohibiting sex offenders from establishing a residence within 1,000 feet of his victim because statute impinged on defendant's right to marry.

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Jackson v. State, CR-01-1923, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: As it could not be ascertained whether defendant paid the filing fee or defendant's request to proceed in forma pauperis was granted, it was not clear if the trial court had jurisdiction to rule on his postconviction petition. The case was remanded.

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Johnson v. State, CR-00-0925, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Where a trial court increased appellant's bond without holding a hearing in accordance with a criminal rule before modifying the bond, appellant was entitled to habeas corpus relief in the form of restoring original bond with its original conditions.

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Kershaw v. Kershaw, 1011253, SUPREME COURT OF ALABAMA, October 25, 2002, Released
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Overview: When heir and other co-trustee and co-executor refused to join in executor's action as co-plaintiffs, court's rejection of latter's petition to join them or sever them from their duties was error; he could proceed singly so long as he posted bond.

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Lamar Adver. Co. v. Bd. of Zoning Adjustment, 2000458, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Moore v. Moore, 2010349, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Given the factors relevant to an equitable property division and alimony award, especially the disparity in the parties' earning capacities and the length of the parties' marriage, trial court's alimony award and property division was inequitable.

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Robinson v. State, CR-01-0584, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Conviction for possession of marijuana was affirmed where defendant's confession was voluntary, as no promises were made to induce the confession, and the district attorney never approved a cooperation agreement investigators made with defendant.

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Travis v. Travis, 2010712, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Trial court committed reversible error in denying the wife alimony and failing to reserve the same, where the husband earned sufficient income, she never worked during the marriage and was not awarded a single marital asset in her name alone.

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