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   State Courts - Alabama - October 5 - October 12, 2006
  
Chism v. Jefferson County, 1050046, SUPREME COURT OF ALABAMA, October 5, 2006, Released
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Ex parte Fuller, 1041758, SUPREME COURT OF ALABAMA, October 6, 2006, Released
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Overview: As husband and wife who filed suit, one defendant, most witnesses, accident site, and evidence were in Lee County, and other defendant worked there, court exceeded its discretion in denying defendants' motion to transfer case to Lee County under Ala. Code ? 6-3-21.1, as only connection case had to Macon County was second defendant's residence.

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Johnson v. State, 1041313, SUPREME COURT OF ALABAMA, October 6, 2006, Decided
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Overview: In capital murder prosecution under Ala. Code ? 13A-5-40(a)(14), court did not commit plain error by failing to sua sponte give limiting instruction regarding use of evidence of defendant's bigamy conviction and bad acts, as evidence was not introduced to impeach, but as proof of motive and an element of offense -- murder of witness in bigamy case.

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Latrice Burrell v. Essary, 2050401, COURT OF CIVIL APPEALS OF ALABAMA, October 6, 2006 Released
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Overview: In a personal injury action arising out of an auto accident, because a genuine issue of material fact existed as to whether a driver acted wantonly in causing the injured parties' injuries, the driver was erroneously granted summary judgment on this claim, but summary judgment was affirmed as to the injured parties' negligence and trespass claims.

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McCollough v. Regions Bank, 1040665, SUPREME COURT OF ALABAMA, October 6, 2006, Decided
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Overview: Guarantor's motion to reconsider summary judgment was a proper Ala. R. Civ. P. 59(e) motion to alter or amend that extended time to appeal under Ala. R. App. P. 4(a)(3), as motion stated he failed to offer evidence necessary to oppose bank's summary judgment motion due to trial court's denial of his motion for additional time to complete discovery.

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McConico v. Culliver, 2050404, 2050459, COURT OF CIVIL APPEALS OF ALABAMA, October 6, 2006, Decided
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Sartin v. Madden, 2050019, COURT OF CIVIL APPEALS OF ALABAMA, October 6, 2006, Released
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Overview: In an independent contractor's action seeking workers' compensation benefits, summary judgment in a general contractor's favor was reversed, as substantial evidence existed of an employer-employee relationship between the parties based on a contractor coordinator's exercise of control over the contractors working for the general contractor.

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State ex rel. King v. Morton, 1051771, 1051814, SUPREME COURT OF ALABAMA, October 12, 2006, Released
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Overview: 2006 Ala. Acts 511, codified at Ala. Code ???29-2-121, 29-2-123, and 41-24A-1, which created Commission composed of members of executive branch (but not Alabama's Governor) that was authorized to disburse appropriated funds, did not violate Alabama Constitution's separation of powers provisions, as Governor had a degree of control over Commission.

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