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   State Courts - Alabama - August 27, 2004

  
J.F. v. D.C.W., 2030133, COURT OF CIVIL APPEALS OF ALABAMA, August 27, 2004, Decided
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Overview: Trial court's judgment was reversed where transcript showed that it was inconsistent with a settlement agreement on a father's visitation rights and as no evidence was presented to the trial court relating to the visitation issue.

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Kirby v. State, 1030128, SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Overview: Trial court erred in declaring legislation unconstitutional because statute allowed for retroactive reevaluation of defendant's sentence after he was sentenced to life imprisonment as habitual felony offender; matter was remanded for resentencing.

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Lee v. State, CR-02-1900, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Decided
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Overview: Residency requirement of Alabama Community Notification Act (CNA) did not violate the Ex Post Facto Clause as defendant failed to show that effects of the CNA negated Alabama legislature's intention to protect public from convicted sex offenders.

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Lindsey v. State, CR-03-0592, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Officer's belief that defendant was under the influence justified a stop. Probable cause and exigent circumstances thereafter existed to support his decision to have defendant's stomach pumped after defendant swallowed cocaine.

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Luster v. State, CR-03-1065, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: As the record of disciplinary proceedings indicated only that witnesses the inmate wanted to call were "not available," the case was remanded for findings as to the reasons for such unavailability and whether the inmate was afforded due process.

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McAdory v. State, CR-02-2174, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Trial court erred in admitting defendant's prior drug convictions, as said evidence was used for no other purpose but to show that his actions in the present case were in conformity with his actions in those cases. Also, said error was not harmless.

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McKelvey v. State, CR-03-0510, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Defendant could not be convicted of reckless endangerment, as a lesser included offense of first-degree animal cruelty, as the latter was not broad enough to encompass the former.

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Minor v. State, CR-00-1300, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Defendant's conviction and death sentence for capital murder of a child less than 14 years of age was affirmed; there was no evidence that the sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor.

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Montgomery v. State, CR-03-1206, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Dismissal of inmate's postconviction petition as time-barred was error, as he sufficiently alleged that court had lacked jurisdiction to accept his guilty plea to second-degree robbery because he could not have consented to amendment of indictment.

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Morrow v. State, CR-01-1619, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Where evidence in a capital punishment action raised an inference of defendant's mental retardation, and the trial court rejected the jury's recommendation of life in prison without parole, remand was ordered to reweigh the evidence presented.

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