# Moore v. State

> Court of Criminal Appeals of Alabama · October 31, 2003 · 878 So. 2d 328

URL: https://www.frixlaw.com/law-library/cases/9933888

## Case

- **Full name:** Calvin Moore v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** October 31, 2003
- **Citations:** 878 So. 2d 328; 2003 Ala. Crim. App. LEXIS 274; 2003 WL 22463331
- **Precedential status:** Published
- **Opinion:** Concurrence by Baschab
- **Judges:** Baschab, McMillan
- **Cited by:** 11 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/9933888

## How later opinions describe it (automated extraction)

- holding, on trial for capital murder, that evidence indicating that the accused had previously been convicted of other violent crimes was not admissible to show motive “because there was no showing that the acts underlying the prior convictions had a logical tendency to lead-t…
- holding that .Moore’s prior convictions were not admissible to show motive “because’ there, was no showing that the acts underlying the prior convictions had a logical tendency to lead to an inference that Moore, because he committed these prior acts, ... was motivated, to com…
- holding that, in prosecution for capital murder, admission of evidence of defendant’s prior convictions for assault and murder was reversible error

## Opinion text

I agree with the rationale of Holmes and Brown that the time standard set forth in Rule 609(b), Ala. R. Evid., should be tolled by the appellant's imprisonment on his 1977 murder conviction and that therefore his two earlier convictions should not be considered stale. However, I also recognize that the rules and the caselaw in Alabama do not support such a finding at this time. Accordingly, I concur specially to urge that Rule 609(b), Ala.R.Evid., be revised and/or interpreted to provide for such a tolling.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933888. Public record. Not legal advice.