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   State Courts - Alabama - November 2, 2007

  
Stephens v. State, CR-02-0154, COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Because defendant, on remand, agreed that he would waive any and all appeals and/or postconviction proceedings attacking the underlying capital murder conviction and sentence imposed against him, and said agreement was not found to be invalid, his subsequent appeal from the same, in contravention to said agreement, was dismissed.

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Terry v. Terry, 1060702, 1060705, SUPREME COURT OF ALABAMA, November 2, 2007, Released
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Overview: As an administrator intended to invoke the probate court's jurisdiction over the final settlement of an estate, and the probate court had accepted jurisdiction and had taken steps toward final settlement, the administrator was no longer entitled to petition for removal of the administration of the estate to circuit court under Ala. Code § 12-11-41.

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Turner v. State, CR-06-0174, COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Ala. R. Crim. P. 32 petition challenging prisoner's guilty plea to first-degree sexual abuse and 20-year prison sentence as a habitual felony offender was remanded because circuit court conducted evidentiary hearing and issued order denying petition without first making specific findings of fact as to prisoner's claims, as Rule 32.9(d) required.

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White v. State, CR-05-2019, COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: An inmate's postconviction relief petition claiming an amendment to the self-defense statute, Ala. Code § 13A-3-23, applied retroactively to him was properly denied because the statute presumably only applied prospectively since it was not a remedial statute and did not say it was to apply retroactively, nor did the legislature state such intent.

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