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   State Courts - Alabama - October 31, 2008

  
Riley v. State, CR-07-0828, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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Sale v. State, 1071283, SUPREME COURT OF ALABAMA, October 31, 2008, Released
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State v. Dunn, 1071267, SUPREME COURT OF ALABAMA, October 31, 2008, Released
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Overview: Because the State did not move for a pretrial determination on the admissibility of the evidence pursuant to Ala. R. Crim. P. 15.7, it failed to show that the trial court had an imperative duty to perform, accompanied by a refusal to do so; accordingly, the Court of Criminal Appeals erred in granting the State's petition for a writ of mandamus.

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State v. Morrell, CR-06-2258, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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Overview: Order granting suppression motion and dismissing case against defendant was reversed as it was reasonable for State to believe that hearing on motion would be conducted on rescheduled trial date. State did not receive proper notice of hearing, and was not afforded procedural due process under Fourteenth Amendment and Ala. Const. art. I, ? 6.

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State v. Robertson, CR-06-2037, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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Steele v. State, CR-07-0922, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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Taylor v. State, CR-07-0826, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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W.D.H. v. State, CR-07-0566, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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Overview: Motion to suppress should have been granted where stop and search were unconstitutional; detective had no reasonable suspicion to stop and search juvenile in a neighborhood where there was drug activity and shooting. There was no intervening circumstance between illegal search and juvenile's admission that he had marijuana in his pocket.

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Williamson v. State, CR-07-0264, COURT OF CRIMINAL APPEALS OF ALABAMA, October 31, 2008, Released
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