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   State Courts - Alabama - August 31, 2001

  
A.L. v. Tuscaloosa County Dep't of Human Res., 2000032, 2000530, COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Parental rights were properly terminated where both mother and father had failed to visit or support their child, and no appropriate placement was found among other family members.

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Aaron v. State, CR-00-1816, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Because there was not sufficient evidence upon which hearing officer could conclude that defendant conspired with another inmate to violate institutional rules, case was remanded to circuit court to make specific, written findings of fact.

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Adkins v. State, CR-99-0834, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Capital case was remanded for second time for entry of specific findings of fact regarding capital defendant's claim of ineffective assistance of counsel. Appellate court quoted factual findings from another court as example to trial court.

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Armstrong Bus. Servs. v. AmSouth Bank, 1992302, SUPREME COURT OF ALABAMA, August 31, 2001, Released
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Overview: Borrower did not prove loan contract with bank, nor did bank owe duty either to disclose intention not to loan or to follow its loan policies. Proof of bank's employee's mistakes did not support negligent or wanton supervision claim.

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Baker v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 1992139, SUPREME COURT OF ALABAMA, August 31, 2001, Released
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Overview: Attorney's and professional corporation's arbitration of claim against securities broker was collaterally estopped due to prior resolution against attorney, his privity with corporation, and inapplicability of waiver and forum non conveniens.

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Beale v. Haire, 2000171, COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Trial court had neither personal nor subject matter jurisdiction to enforce or modify child support order entered in another state, where child's father was resident of other state throughout entire time of proceedings in connection with case.

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Brown v. State, CR-00-0254, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Brown v. State, CR-99-1436, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Burgess v. State, CR-94-0475, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Life sentence without parole imposed on defendant convicted of capital murder during robbery in first degree following remand after death sentence was vacated was appropriate based on facts produced at both guilt and penalty phases of trial.

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Burgin v. State, CR-00-1165, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Defendant was entitled to notice that State would seek habitual offender sentencing at resentencing even though notice was given regarding first hearing. Texas conviction was felony under Alabama law and could be used to enhance sentence.

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