: The Alabama Lawyer Articles
FROM THE ALABAMA LAWYER: The Prosecutor’s Duty to Help the Defense Make Its Case
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Most prosecutors likely agree with Judge Learned Hand that “a criminal defendant already ha[s] too many advantages over the state. . .”[1] While the American criminal system does provide those accused of crimes with certain cherished privileges, in one important area, prosecutors have an inordinate advantage: the production of discovery to the accused. And prosecutors jealously guard the contours of that privileged position, often seeking expansion of it.[2]
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FROM THE ALABAMA LAWYER: “Throw Me a Lifeline!” – The Survivor Benefit Plan Open Season
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Attorneys who handle divorce cases will sometimes encounter a military divorce settlement. An often-overlooked aspect of the pension divisions is the Survivor Benefit Plan (SBP) – a survivor annuity for the former spouse. This article deals with retrieving a potentially overlooked death benefit, and how to apply for SBP coverage.
Read MoreFROM THE ALABAMA LAWYER: An Overview of the 2023 Amendments to the Alabama Rules of Evidence
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On March 3, 2023, the Alabama Supreme Court approved two amendments to the Alabama Rules of Evidence that became effective May 1, 2023.[1]
First, an amendment to Rule 404(b) significantly changed (and increased) the prosecution’s burden to provide notice of “other acts” evidence offered against the criminally accused.
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FROM THE ALABAMA LAWYER: Hard Time – A Return to Mandatory Minimums
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There is a new law that prosecutors and practitioners need to be aware of. On April 6, 2023, Governor Ivey signed into law Act 2023-004 which provides for a minimum mandatory term of imprisonment for those convicted of trafficking in fentanyl.
Read MoreFROM THE ALABAMA LAWYER: A Reintroduction to the Alabama Attorney General’s Opinions Division
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This article will reintroduce you to the Opinions Division with a comprehensive look at every stage from opinion request to published opinion.
Read MoreFROM THE ALABAMA LAWYER: A Prosecutor’s Tool in Child and Protected Person Victim Cases
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When a prosecutor receives a case file from a law enforcement agency, he knows that for a successful prosecution he must be able to prove the elements of his case with witness or documentary evidence.
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FROM THE ALABAMA LAWYER – How to Read a Vote Line of the Alabama Supreme Court
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You’re hard at work on your brief for an Alabama court. The issue before you is governed by Alabama law, and you’ve just found an Alabama Supreme Court opinion that is on point.
When you scroll to the bottom of the opinion, you see that in addition to the justice who authored the opinion, three justices concurred and three justices concurred in the result, while two justices dissented. So, seven concurs and two dissents, right? And with this vote line, you can now cite the opinion as the majority opinion of the court and binding precedent in Alabama, right?
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FROM THE ALABAMA LAWYER – Appeal of Board of Equalization Valuations
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Taxpayers are not always satisfied with the value fixed on their property by a board of equalization (“BOE”).The first step for the unhappy taxpayer is to object to the valuation.[1]
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FROM THE ALABAMA LAWYER – Stolen Moments with Nelle “Harper” Lee
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The young lady at the desk greeted me warmly as I entered The Meadows, the assisted living facility, in Monroeville, Alabama. “Can I help you?” she asked. I flashed my sweetest smile and cleared my throat. I was at the pinnacle moment of a journey that had started months, even years earlier and I was going to savor every nerve-wracking moment of truth, no matter how poorly it could all end.
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FROM THE ALABAMA LAWYER – Duck, You Sucker! Avoiding the Nigerian Check Scam
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On a typical Monday morning, Atticus Darrow, Esq. receives an atypical email that sends his pulse racing. A businessman from Nigeria has run into some trouble collecting a debt from an American corporation, and he needs Mr. Darrow’s help. Mr. Darrow is thrilled – he’s always longed to break into the international debt collection scene, and now he has his chance!
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