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   State Courts - Alabama - October 31, 2008
  
Abner v. State, CR-07-0368, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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Overview: Circuit court erred by summarily denying defendant's petition for postconviction relief under Ala. R. Crim. P. 32, and the case was remanded, because defendant's ineffective assistance of counsel allegations were pleaded sufficiently and with specificity in the petition and accompanying affidavit.

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Am. Heritage Life Ins. Co. v. Blackmon, 2070266, COURT OF CIVIL APPEALS OF ALABAMA, October 31, 2008, Released
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Overview: Judgment was affirmed as failure of insured's application to disclose decedent's medical history was material to insurer's acceptance of risk of insuring decedent under Ala. Code ? 27-14-7(a)(2). Application was not ambiguous, and insured acknowledged that answers were true and complete, and that misstatement could result in loss of coverage.

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Byrd v. State, CR-07-0507, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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Overview: While defendant failed to raise argument before trial court that he was denied due process regarding a contempt order, appellate court reviewed issue as record showed raising objection in trial court would have been futile; as State conceded due process under Ala. R. Crim. P. 33.3 was denied, order was reversed and matter was remanded for hearing.

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Ex parte City of Arab , 1071652, SUPREME COURT OF ALABAMA, October 31, 2008, Released
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Ex parte Deardorff, 1040163, SUPREME COURT OF ALABAMA, October 31, 2008, Released
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Overview: Victim's being threatened with death, held in captivity, confined in closet, transported by car while his head was hooded and hands taped, forced to walk down dirt road, and events immediately preceding killing constituted psychological torture that met Ala. Code ? 13A-5-49(8) standard for murder that was especially heinous, atrocious, or cruel.

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Ex parte Dolgencorp, Inc., 1060428, SUPREME COURT OF ALABAMA, October 31, 2008, Released
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Overview: Workers' compensation claimant had worked for less than 52 weeks before her injury. As court made no findings as to why application of second method of calculating her average weekly wage under Ala. Code ? 25-5-57(b)--dividing her total earnings by the number of weeks she worked--would be unjust, it erred in applying third method of ? 25-5-57(b).

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Ex parte Yancey, 1070922, SUPREME COURT OF ALABAMA, October 31, 2008, Released
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Overview: Minors sued teacher for negligent supervision. As teacher was given copy of student handbook that barred students from going to their vehicles during school day without permission of principal or assistant, and handbook limited faculty's authority, teacher's violation of policy set forth in handbook deprived him of state-agent immunity.

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George v. Ala. Power Co., 1070389, SUPREME COURT OF ALABAMA, October 31, 2008, Released
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Overview: Summary judgment for electric utility on negligence claim was reversed as ordinary-occurrence prong of res ipsa loquitur was satisfied since in properly functioning electrical-distribution system in which neutral wire was properly grounded, neutral wire could not become energized and traffic signal technician would not have been injured.

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Gold Kist, Inc. v. Porter, 2060662, COURT OF CIVIL APPEALS OF ALABAMA, October 31, 2008, Released
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Overview: Judgment was affirmed insofar as it held that employee suffered compensable injury under Alabama Workers' Compensation Act as employee's job that required her to perform frequent repetitive movements of hands, wrists, and arms upon chicken carcasses moving on conveyer at rate of 90 per minute was contributing factor to her carpal tunnel syndrome.

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Hammonds v. State, CR-04-1699, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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