Case law

Cannon v. State

518 So. 2d 872 · Court of Criminal Appeals of Alabama · Oct 27, 1987

Biddie v. State , 516 So.2d 846 (Ala. 1987). … Whether the defendant had green or brown eyes was a jury question and not one involving the sufficiency of the evidence.

Coleman v. State

424 So. 2d 685 · Court of Criminal Appeals of Alabama · Dec 28, 1982

Brown v. State , 401 So.2d 213 (Ala.Cr.App.) cert. denied, 401 So.2d 218 (Ala. 1981) and authorities therein cited. … In Peoples v. State , 415 So.2d 1230 (Ala.Cr.App. 1982) we find the following: "Ala.

Prince v. State

736 So. 2d 1144 · Court of Criminal Appeals of Alabama · Jan 15, 1999

BROWN, Judge. … See Baker v. State, 736 So.2d 1133 (Ala.Cr.App.1998).

O'Berry v. State

361 So. 2d 1132 · Court of Criminal Appeals of Alabama · Jun 20, 1978

Kulakowski bent down in the seat like she was going to take off her shoes and retrieved a .32 caliber Browning automatic pistol from her purse. … Justice Brown in his dissent in McKenzie , at 250 Ala. 180 , 33 So.2d 488 . His argument was not accepted then and we respectfully reject it now.

Young v. City of Hokes Bluff

611 So. 2d 401 · Court of Criminal Appeals of Alabama · Mar 27, 1992

See Brown v. State , 63 Ala. 97 , 101-02 (1879). See also Williams v. … Brown v. State , 63 Ala. at 101 -02 . In Crosby v.

Clark v. State

551 So. 2d 1081 · Court of Criminal Appeals of Alabama · Oct 28, 1986

Soon thereafter, both of the vessels were boarded by some of the law enforcement officers. Those boarding the Cher found the marihuana; those boarding the Island Girl found no marihuana or other controlled substance. … We now hold as held in Chillous v.

State v. McCurley

412 So. 2d 1233 · Court of Criminal Appeals of Alabama · Mar 17, 1981

State v. Baker, 268 Ala. 410 , 108 So.2d 361 (1959); Hable v. State, 41 Ala.App. 398 , 132 So.2d 271 (1961); Argo v. State, 41 Ala.App. 347 , 133 So.2d 201 (1961). … Sanders Lead Co. v. Levine, 370 F.Supp. 1115 (M.D.Ala.1973); Hutchinson v. Board of Trustees of Univ. Ala., 288 Ala. 20 , 256 So.2d 281 (1971).

Carmichael v. State

52 Ala. App. 25 · Court of Criminal Appeals of Alabama · Jan 15, 1974

Then, Dorothy Hutchinson testified, Ray picked up a board and threw it at Bobby Harris. Bobby Harris picked up the board and threw it at the appellant, who was standing by the car. … In Rogers v.

Lacy v. State

484 So. 2d 1192 · Court of Criminal Appeals of Alabama · Jan 7, 1986

Summerville v. State , 429 So.2d 651 (Ala.Crim.App. 1983); Browning v. State , 429 So.2d 653 (Ala.Crim.App. 1983); Agee v. State , 429 So.2d 654 (Ala.Crim.App. 1982). … See Daniel v. State , 459 So.2d 948 (Ala. 1984); Duncan v. State , 461 So.2d 906 (Ala.Crim.App. 1984); Browning v. State , 465 So.2d 1208 (Ala.Crim.App. 1985).

Luckie v. State

502 So. 2d 870 · Court of Criminal Appeals of Alabama · Dec 11, 1986

After a hearing on November 15, 1985, he was found guilty by a prison disciplinary board or committee and ordered to forfeit five years of the incentive good time which he had accumulated. … State v. Towery , 143 Ala. 48 , 39 So. 309 (1904). The writ cannot be bound down by technical pleading, nor its swift and effective relief hindered by captious objection or finespun theories of procedure. Barton v.

Smith v. State

512 So. 2d 823 · Court of Criminal Appeals of Alabama · Jul 28, 1987

See Summerford v. State, 466 So.2d 182 (Ala.Cr.App.1985). … Evans v.

RLG v. State

712 So. 2d 348 · Court of Criminal Appeals of Alabama · Jul 3, 1997

Brown v. Ohio, 432 U.S. 161, 165 [, 97 S.Ct. 2221, 2225 , 53 L.Ed.2d 187 ] (1977)....' State v. Thompson, 197 Conn. 67, 72 , 495 A.2d 1054 (1985). … Brown, 55 Wash.App. at 749 , 780 P.2d at 886 (citing Cleveland Board of Education v. Loudermill, 470 U.S. 532, 542-43 , 105 S.Ct. 1487, 1493-94 , 84 L.Ed.2d 494 (1985)).

Calloway v. State

49 Ala. App. 151 · Court of Criminal Appeals of Alabama · Nov 14, 1972

“The testimony concerning the line-up was substantially that the Appellant was wearing brown pants and white knit shirt with brown collar, the same clothes he was wearing at the time of his arrest; that the other men were … McColston v. State, 20 Ala.App. 591 , 104 So. 347 ; Dorch v. State, 40 Ala.App. 475 , 115 So.2d 287 ; Chamberlain v.

Stanley v. State

723 So. 2d 821 · Court of Criminal Appeals of Alabama · Aug 28, 1998

Woodberry v. State , 625 So.2d 1159 , 1162 (Ala.Cr.App. 1993). Even constitutional issues must first be raised before the trial court or they are waived. Cagle v. State , 504 So.2d 1225 , 1226 (Ala.Cr.App. 1987). II. … REMANDED WITH INSTRUCTIONS. * LONG, P.J., and COBB, BROWN, and BASCHAB, JJ., concur. * Note from the reporter of decisions: On October 23, 1998, on return to remand, the Court of Criminal Appeals affirmed, without opinion

Welch v. State

63 So. 3d 1275 · Court of Criminal Appeals of Alabama · Nov 5, 2010

“Accord Fletcher v. State, 703 So.2d 432, 436 (Ala.Crim.App.1997); cf. McNair v. Campbell, 416 F.3d 1291, 1311 (11th Cir.2005), cert. denied sub nom., McNair v. … I agree that, for the reasons explained in Ex parte Brown, 686 So.2d 409 (Ala.1996), and Lewis v.

Dailey v. State

402 So. 2d 1117 · Court of Criminal Appeals of Alabama · Aug 4, 1981

Dailey v. State, 374 So.2d 414 (Ala.Cr.App.1979). … of Corrections places the Defendant on parole. “(3) The Clerk is directed to send a copy of this Judgment to the Board of Corrections and the Parole Supervisor for this Circuit.”

Cowan v. State

579 So. 2d 13 · Court of Criminal Appeals of Alabama · Nov 16, 1990

Under the decision of this Court in Brown v. … V. The appellant argues that the State violated the principles of Batson v.

Cason v. State

435 So. 2d 200 · Court of Criminal Appeals of Alabama · May 31, 1983

The arresting officers observed "a brown paper sack that was partially open" on the passenger's side on the front floorboard of the vehicle. … Temple v. State , 366 So.2d 740 , 743 (Ala.Cr.App. 1979).

Cox v. State

462 So. 2d 1047 · Court of Criminal Appeals of Alabama · Jan 8, 1985

State , 280 Ala. 406 , 194 So.2d 562 , cert. denied, 386 U.S. 1011 , 87 S.Ct. 1358 , 18 L.Ed.2d 442 (1967); Barnes v. State , 354 So.2d 343 (Ala.Crim.App. 1978); Browning v. … Morrow v. State , 426 So.2d 481 (Ala.Crim.App. 1982); Browning v. State , supra; Roden v. State , 384 So.2d 1248 (Ala.Crim.App. 1980); Harris v. State , 367 So.2d 534 (Ala. 1979).

Dukes v. State

576 So. 2d 683 · Court of Criminal Appeals of Alabama · Mar 1, 1991

Specifically, the appellant complains that he was denied due process of law in a prison disciplinary hearing wherein he was found guilty of violating Rule 31 of the Rules of the Board of Corrections, i.e., assault on a fellow … Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972), and Gagnon v. Scarpelli, 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973), or Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974).