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| Ex parte Tubbs, 1061139,
SUPREME COURT OF ALABAMA, October 5, 2007, Released
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Overview: Inmate was granted certiorari relief from an order affirming the denial of his successive motion for reconsideration of his sentence, as said affirmance failed to recognize the limitation created by the Supreme Court of Alabama on a circuit court's jurisdiction to consider said motions.
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| Ex parte Wall, 1061381,
SUPREME COURT OF ALABAMA, October 5, 2007, Released
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Overview: A husband's request for relief from a contempt finding by a writ of mandamus was not proper because under Ala. R. Civ. P. 70A(g)(1), the trial court's contempt order was reviewable by appeal or by petition for a writ of habeas corpus. Therefore, the husband had another adequate remedy available.
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| Giardina v. Giardina, 2060185,
COURT OF CIVIL APPEALS OF ALABAMA, October 5, 2007, Released
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Overview: A trial court did not have to find that the presumption in Ala. Code § 30-3-133, that it was in a child's best interests to reside with a parent who was not a perpetrator of family violence, was rebutted, given a father's domestic violence convictions, because the court could find the presumption did not apply, given the mother's domestic violence.
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| H.H. v. Baldwin County Dep't of Human Res., 2060521,
COURT OF CIVIL APPEALS OF ALABAMA, October 5, 2007, Released
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Overview: Termination of parental rights case was remanded to juvenile court as the ruling terminating mother's rights did not clearly indicate if the ruling was based on abandonment, and thus, the issue of whether county department of human resources had duty to use reasonable efforts to reunite mother with child could not be resolved in mother's appeal.
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| Thompson v. Thompson, 2060362,
COURT OF CIVIL APPEALS OF ALABAMA, October 5, 2007, Released
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Overview: Because a child's paternal great-grandmother lacked standing pursuant to Ala. Code § 30-3-4.1 to seek grandparent-visitation rights, and because she could not stand in the father's shoes as his designee, as he was awarded no visitation rights, the trial court erred in awarding her visitation rights to the child.
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