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   State Courts - Alabama - October 29, 2004

  
Harris v. State, CR-01-1748, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Because counsel failed to make a reasonable investigation and present mitigating evidence at an inmate's sentencing, the inmate was entitled to a new penalty-phase hearing before a jury.

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Henderson v. State, CR-03-0804, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Probationer's appeal of the denial of his petitions for postconviction relief, following the revocation of his probation in four cases, was remanded to the circuit court to be properly addressed by the circuit court in an evidentiary hearing.

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Hollis v. Forrester, 2030500, COURT OF CIVIL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Aunt's residual estate, and not a non-exempt marital trust created by her husband that pre-deceased her, was responsible for the payment of all estate taxes. The intent of the husband's will was irrelevant.

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Horn v. State, CR-03-1572, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Proof at postconviction hearing that inmate was convicted of three prior felonies did not establish that he was properly sentenced as habitual felony offender. Habitual felony sentencing had to be invoked prior to sentencing, not afterwards.

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Jacobs v. Ala. Dep't of Corr., CR-03-1024, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Prisoner's appeal of denial of his petition for writ of certiorari, filed as a criminal appeal, was transferred to civil appellate court; it did not implicate liberty interest and involved his classification, rather than his conduct, in prison.

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Malloy v. State, CR-03-1033, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Miller v. State, CR-99-2282, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Alabama appeals court affirmed death sentence for defendant who murdered three former coworkers. Acts were especially heinous, atrocious, or cruel when compared to other capital offenses. Mitigating circumstances did not outweigh aggravating factor.

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Morrow v. State, CR-01-2531, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Mullins v. State, CR-03-0910, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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New Props., L.L.C. v. Stewart, 1021508, SUPREME COURT OF ALABAMA, October 29, 2004, Released
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Overview: Judgment from a bench trial in favor of a lessee on his fraud count against the lessor and its managing general partner, which sought punitive damages, was affirmed because it supported the trial court's damages award.

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