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   State Courts - Alabama - August 27, 2004

  
Ex parte Bulger, 1030800, SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Ex parte Home Depot U.S.A., Inc., 1030711, SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Overview: A company's request for mandamus relief to prevent a lower court from compelling it to reveal its business plans was rendered moot where the opposing party agreed to a confidentiality agreement.

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Ex parte Keao, 1030674, SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Ex parte McCord, 1030429, SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Overview: Plaintiff's mandamus petition was granted, and the trial court was ordered to set aside a transfer of venue; venue was proper, as an action against a nonresident individual could be brought in any county in which any claim was proper.

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Ex parte R.E.C., 1030022, SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Overview: Intermediate court violated ore tenus rule in reversing trial court's finding that county human resources department did not prove sexual abuse by parents, which was supported by children's denials and recantations and mother's denials.

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Ex parte Williams, 1020034, SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Overview: Trial court erred when it found that an employer could not recover future medical and vocational expenses it would be required to pay the employee, from the proceeds of a settlement he reached with third-party tortfeasors who caused his injury.

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Finch v. State, CR-03-0569, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Defendant's appeal from an order to surrender his driver's license so that it could revoked by the Alabama Department of Public Safety was dismissed, as his only remedy in a mandatory revocation action was via a petition for writ of mandamus.

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Gore v. State, CR-03-1118, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Because probation revocation proceedings were not initiated before the statutory maximum period of probation had expired, the circuit court did not have jurisdiction to revoke appellant's probation.

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Grace v. State, CR-03-0565, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Payors of rewards given by a community "Crime Stoppers" program and the Alabama Governor's office were not victims under the Restitution Act. Thus, defendant could not be ordered to pay restitution to those payors.

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Holt v. State, CR-03-1010, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Defendant's petition for post-conviction relief was remanded based on defendant's claim that he was not properly informed by his counsel whether he was eligible to receive credit for incentive good time.

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