# Scheuing v. State

> Court of Criminal Appeals of Alabama · November 8, 2013 · 161 So. 3d 245

URL: https://www.frixlaw.com/law-library/cases/4818366

## Case

- **Full name:** Jesse Earl SCHEUING v. STATE of Alabama
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** November 8, 2013
- **Citations:** 161 So. 3d 245; 2013 Ala. Crim. App. LEXIS 96; 2013 WL 5966904
- **Precedential status:** Published
- **Opinion:** Concurrence by Joiner
- **Judges:** Burke, Joiner, Kellum, Welch, Windom
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4818366

## How later opinions describe it (automated extraction)

- finding no prejudice because that there was no evidence to support appellant's assertion that he suffered from anxiety and emotional stress

## Opinion text

JOINER, Judge,
concurring specially.
I concur with the judgment of the Court. I write separately to state that I share the concerns expressed by Presiding Judge Windom in her special writing, which I join. As I did in my special concurrence in Sharp v. State, 151 So.3d 342, 371 (Ala.Crim.App.2013), I urge “the Alabama Supreme Court to authoritatively end the practice of using plain-error review to initiate a Batson [v. Kentucky, 476 U.S. 79 (1986),] claim on appeal.” 151 So.3d at 371 (Joiner, J., concurring specially), cert. denied, 151 So.3d 342 (Ala.2013).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4818366. Public record. Not legal advice.