Case law

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).

Harris v. State

601 So. 2d 1099 · Court of Criminal Appeals of Alabama · Jul 31, 1992

In the case of Estes v. … In the recent case of Woods v.

Buttram v. State

57 Ala. App. 425 · Court of Criminal Appeals of Alabama · Jan 20, 1976

Lower, Clinical Coordinator, Forensic Program, at Bryce Hospital made a written report to this court stating that: ‘It is the opinion of the Board (Forensic Evaluation Board) that, while Mr. … he had “an understanding of the proceedings against him and an ability to communicate with his attorney(s) in preparing his defense,” and that the trial court observed and applied all of the criteria approved in Edgerson v.

Swafford v. State

46 Ala. App. 187 · Court of Criminal Appeals of Alabama · Aug 25, 1970

Holloway v. State, 43 Ala.App. 153 , 182 So.2d 906 ; Hunt v. State, 44 Ala.App. 479 , 213 So.2d 664 . Thus, we hold the verdict is not due to be set aside as a matter of law. … Allen v. United States, 164 U.S. 492 , 17 S.Ct. 154 , 41 L.Ed. 528 ; But see United States v. Fioravanti, 3 Cir., 412 F.2d 407 and United States v. Brown, 7 Cir., 411 F.2d 930 ; also Anno. 100 A.L.R.2d 177 and Elmer v.

McClary v. State

51 Ala. App. 30 · Court of Criminal Appeals of Alabama · Dec 19, 1972

He stated that on July 28, 1971, a sealed brown envelope containing fifteen capsules was delivered to his office by registered mail. … Anderson v. State, 44 Ala.App. 388 , 210 So.2d 436 ; Veith v. State, 48 Ala.App. 688 , 267 So.2d 480 .

McBurnett v. State

266 So. 3d 122 · Court of Criminal Appeals of Alabama · Jun 1, 2018

App. 2005) ; Murray v. State , 922 So.2d 971 (Ala. Crim. App. 2005) ; Johnson v. State , 919 So.2d 1233 (Ala. Crim. App. 2005) ; Williams v. State , 920 So.2d 590 (Ala. Crim. App. 2005) ; Browning v. … A matter within the Board of Pardons and Paroles' discretion.

Locklear v. State

50 Ala. App. 679 · Court of Criminal Appeals of Alabama · Aug 14, 1973

It was held in Iowa-Missouri Grain Co. v. Powers, 198 Iowa 208 , 196 N.W. 979 , 981 (1924) and City of Pittsburgh v. Pittsburgh Rys. … However, probably the closest case on the facts is that of Stanford v.

McMillan v. State

139 So. 3d 184 · Court of Criminal Appeals of Alabama · Nov 5, 2010

See Brown v. … In Brown v.

Vaughan v. State

415 So. 2d 1231 · Court of Criminal Appeals of Alabama · Jun 8, 1982

Vaughan filed a petition for writ of habeas corpus challenging the action of the prison disciplinary board in sentencing him to 90 days segregated confinement and to the loss of store privileges and visiting privileges. … The Attorney General declined to submit a brief on appeal in view of this Court's decision in Washington v. State , 405 So.2d 62 (Ala.Cr.App. 1981), which follows Williams v.

Reynolds v. State

488 So. 2d 4 · Court of Criminal Appeals of Alabama · Apr 22, 1986

Branton observed the appellant running toward a brown Ford Mustang automobile and asked his co-worker for the keys to his car. … Gray v. State , 455 So.2d 163 , 167 (Ala.Cr.App. 1984), citing, Watson v. State , 392 So.2d 1274 (Ala.Cr.App. 1980), cert. denied , 392 So.2d 1280 (Ala. 1981).

Darby v. State

516 So. 2d 775 · Court of Criminal Appeals of Alabama · Oct 22, 1985

Agent Brown and Officer Jones, who had arrived at the scene a few minutes before the appellant, were carefully monitoring the conversation. … In Hosey v.

State v. Moore

969 So. 2d 169 · Court of Criminal Appeals of Alabama · Jul 21, 2006

"Pamela Brown Smith testified that she resided on Chula Vista Drive, S.W., Decatur, Alabama, prior to the death of Karen Tipton. … Brown also stated that she saw a paving crew in the driveway next door, and they were near Chapel Hill Road completing the work they had been doing.

McBurnett v. State

266 So. 3d 122 · Court of Criminal Appeals of Alabama · Jun 1, 2018

App. 2005) ; Murray v. State , 922 So.2d 971 (Ala. Crim. App. 2005) ; Johnson v. State , 919 So.2d 1233 (Ala. Crim. App. 2005) ; Williams v. State , 920 So.2d 590 (Ala. Crim. App. 2005) ; Browning v. … A matter within the Board of Pardons and Paroles' discretion.

Harris v. State

46 Ala. App. 497 · Court of Criminal Appeals of Alabama · Sep 1, 1970

v. … This charge adopts part of Charge 15 approved in Holland v. State, 24 Ala.App. *502 199 , 132 So. 601 , and Charge 10 in Brown v. State, 33 Ala.App. 97 , 31 So.2d 670 . However, in Petty v.

Moore v. State

647 So. 2d 43 · Court of Criminal Appeals of Alabama · May 27, 1994

See Brown v. State , 623 So.2d 416 , 420-21 (Ala.Cr.App. 1993); Phelps v. State , 435 So.2d 158 , 166-67 (Ala.Cr.App. 1983). … v.

Russo v. State

610 So. 2d 1206 · Court of Criminal Appeals of Alabama · Aug 21, 1992

Brown v. … See Bracewell v.

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).

Carr v. State

505 So. 2d 1294 · Court of Criminal Appeals of Alabama · Feb 24, 1987

They noted that he had on brown shorts, white shoes, and a shirt which gave the appearance that his shoulders were bare. … United States v. Black , 497 F.2d 1039 (5th Cir. 1974); United States v. McGlamory , 441 F.2d 130 (5th Cir. 1971); Clark v. United States , 293 F.2d 445 (5th Cir. 1961)." Cumbo v. States , 368 So.2d at 874.

Kendrick v. State

55 Ala. App. 11 · Court of Criminal Appeals of Alabama · Apr 22, 1975

In Taylor v. … Reedy v. State, supra; Smith v. State, 248 Ala. 363 , 27 So.2d 495 ; Seals v. State, supra; Puckett v. State, 213 Ala. 383 , 105 So. 211 .

Favors v. State

355 So. 2d 103 · Court of Criminal Appeals of Alabama · Dec 6, 1977

Close to his body were a board, approximately a 2 X 4 about four feet long, and a rock about the size of a human head. The rock had blood and hair on it and the board had hair on it. … Ison v. State, 281 Ala. 189 , 200 So.2d 511 ; Burrell v. State, 45 Ala.App. 664 , 235 So.2d 913 .