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State Courts -
Alabama - November 7, 2008
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Ex parte McCall, 1070633,
SUPREME COURT OF ALABAMA, November 7, 2008, Released
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Overview: Trial court's failure to issue specific fact findings as to material issues presented in inmate's postconviction relief petition was grounds for reversal because, by holding evidentiary hearing, trial court implicitly found that issues presented were material, and, under Ala. R. Crim. P. 32.9(d), trial court was obligated to make fact findings.
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J.B. v. DeKalb County Dep't of Human Res., 2070570,
COURT OF CIVIL APPEALS OF ALABAMA, November 7, 2008, Released
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Overview: A judgment terminating the parental rights of a father, an illegal immigrant, pursuant to Ala. Code § 26-18-7, was reversed. The trial court erred in finding that he had abandoned his children during a period when he was in Guatemala, considering the arrangements he had made for their care before leaving for Guatemala, and other circumstances.
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