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   State Courts - Alabama - August 31, 2001

  
Lee v. Mercury Marine, 2000408, COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2001, Released
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Lewis v. State, CR-99-0799, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Maull v. State, CR-00-1364, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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McCray v. State, CR-00-1684, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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McGriff v. State, CR-97-0179, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Statute defendant was convicted under did not arbitrarily impose death penalty. Trial court did not have to state weight given to jury's sentencing recommendation. No prosecutorial misconduct required reversal. Mitigating factors were considered.

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Menefield v. State, CR-00-0929, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Defendant's second petition for post conviction relief was not successive petition where trial court's dismissal of initial petition had been ruled null and void. Trial court was directed to consider merits of defendant's claims.

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Mitchell v. State, CR-00-1244, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Trial court erred by denying motion for postconviction relief where it failed to make sufficient findings as were necessary to determine whether the venire from which the jury was selected was properly sworn.

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Naves v. State, CR-00-1098, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Trial court erred by revoking defendant's probation without providing written order stating evidence and reasons relied upon because mere reference in order to testimony received on record did not satisfy due process requirements.

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Norris v. City of Montgomery, 1000467, SUPREME COURT OF ALABAMA, August 31, 2001, Released
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Overview: Trial court erred in granting summary judgment for city, police officer, and police chief when police officer's failure to abide by mandatory, statutory duty to impound drunken driver's vehicle ultimately resulted in car accident.

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Owens v. State, CR-00-1029, COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2001, Released
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Overview: Claims as to sufficiency of DUI indictment to confer jurisdiction on trial court, use of uncertified records of convictions, and sufficiency of evidence of license revocation could not be considered for first time on appeal. Error was harmless.

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