Case law

Lavacus Derrell Hooks v. State of Alabama (Appeal from Montgomery Circuit Court: CC-19-1351)

Court of Criminal Appeals of Alabama · Dec 15, 2023

Ex parte Tice, 475 So. 2d 590, 591 (Ala. 1994) (citing Brown v. State, 376 So. 2d 1382 (Ala. Crim. App. 1979)). … Like what occurred in this case, in Brown the trial court increased Brown's sentence after "additional information came to [the trial court's] attention which [he] did not know about concerning [Brown's] previous record

Geeslin v. State

505 So. 2d 1242 · Court of Criminal Appeals of Alabama · Jan 7, 1986

In United States v. Brown , 582 F.2d 197 , 200 (2d Cir. 1978), the Court stated: "Under Brady , the Government may not withhold material exculpatory evidence specifically requested by the defense. . . . … In Smith v.

Rutledge v. State

482 So. 2d 1250 · Court of Criminal Appeals of Alabama · Aug 16, 1983

Greer , 675 F.2d 141 (7th Cir. 1982); Brown v. Harris , 666 F.2d 782 (2d Cir. 1981), cert. denied , 456 U.S. 948 , 102 S.Ct. 2017 , 72 L.Ed.2d 472 (1982); United States v. … See Brown v. Harris , supra.

Childs v. State

671 So. 2d 781 · Court of Criminal Appeals of Alabama · May 26, 1995

He said that as he was driving he saw a small brown Chevrolet Monza station wagon being driven by the appellant stopped in front of a house. … (quoting Brown v. Texas, 443 U.S. [47,] 52 n. 2, 99 S.Ct. [2637,] 2641 n. 2 [, 61 L.Ed.2d 357 (1979)].)'" Pianzio v. State, 423 So.2d 258, 266 (Ala.Cr.App.1981) (DeCarlo, J., dissenting).

Moseley v. State

357 So. 2d 390 · Court of Criminal Appeals of Alabama · Mar 7, 1978

Fondren also recovered a brown paper bag, a small caliber automatic pistol and a black leather holster. … Ingram v. State , supra; Kennedy v. State , 182 Ala. 10 , 62 So. 49 ; Smith v. State , 88 Ala. 73 , 7 So. 52 ; 16 C.J. § 1115."

Todd v. State

380 So. 2d 370 · Court of Criminal Appeals of Alabama · Jan 22, 1980

Burgess v. State , 256 Ala. 5 , 8 , 53 So.2d 568 , 571 (1951); Hyman v. State , 338 So.2d 448 , 453 (Ala.Cr.App. 1976); Brown v. State , 331 So.2d 820 , 826 (Ala.Cr.App. 1976).

Diaz v. State

474 So. 2d 171 · Court of Criminal Appeals of Alabama · Feb 26, 1985

Williams v. Davis, 386 So.2d 415 (Ala.1980); Washington v. State, 405 So.2d 62 (Ala.Crim.App.1981); Fielding v. State, 409 So.2d 964 (Ala.Crim.App.1981), cert. denied, 409 So.2d 964 (Ala.1982). … Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974); Williams v. Davis, 386 So.2d 415 (Ala.1980).

Tomlin v. State

601 So. 2d 130 · Court of Criminal Appeals of Alabama · Jul 10, 1992

In Pickett v. … The objection should separate the good from the bad, Brown v. State , 40 Ala. App. 226 , 112 So.2d 500 , cert. stricken, 269 Ala. 180 , 112 So.2d 504 (1959); Haney v. State , 20 Ala.

Wilder v. State

52 Ala. App. 157 · Court of Criminal Appeals of Alabama · Feb 12, 1974

See Chastain v. State, 36 Ala.App. 186 , 54 So.2d 623 . … Circuit Court Rule 33; Israel v. State, 35 Ala.App. 317 , 47 So.2d 234 ; Brown v. State, 229 Ala. 58 , 155 So. 358 .

Cammon v. State

578 So. 2d 1089 · Court of Criminal Appeals of Alabama · May 11, 1990

The record shows that defense counsel filed a motion for new trial alleging a violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). … Ex parte Brown, 548 So.2d 993, 995 (Ala.1989). I would remand this cause for an eviden-tiary hearing on the merits of the alleged nonproduction of exculpatory and impeaching evidence.

Lippold v. State

365 So. 2d 1015 · Court of Criminal Appeals of Alabama · Nov 21, 1978

There Gregg and Lippold were found in a brown and beige 1977 pickup truck with a Kentucky license tag, No. FEO-261. … Shadle v. State , 280 Ala. 379 , 194 So.2d 538 ; Adair v. State , 51 Ala. App. 651 , 288 So.2d 187 ; Retowsky v. State , Ala.Cr.App., 333 So.2d 193 ; Earley v.

Craig L. Newton v. State of Alabama (Appeal from Macon Circuit Court: CC-01-49.60)

Court of Criminal Appeals of Alabama · Sep 27, 2024

"After Anita testified, in an effort to corroborate her testimony, the defense sought to admit a divorce decree for Newton's mother and Brown and a report from the Alabama Board of Pardons and Paroles that showed … the various offenses Brown had committed.

Tapero Carleone Johnson v. State of Alabama

Court of Criminal Appeals of Alabama · Dec 19, 2025

Joey Brown didn't say he was in a gang. The question of Joey Brown was what do bandanas typically indicate, and his response was gang, but now it's turned into we are saying he's a gang member. … As this Court held in Whatley v. State, 146 So. 3d 437, 464- 65 (Ala. Crim. App. 2010), and Brown v. State, 369 So. 2d 881, 884 (Ala. Crim.

Mabry v. Norris

794 So. 2d 1224 · Court of Criminal Appeals of Alabama · Jun 30, 2000

Mabry III), were to comply with and implement the decision of this court in May v. State , 672 So.2d 1307 (Ala.Crim.App. 1993). In May v. … Norris and Jay Lewis v. Jimmy H. Baker et al. ; Michael Crespi v. the Hon. Bob Childree; Robert L. Turner v. Robert L. Childree et al. ; and Paul D. Brown v. Dr. Phillip W. Williams et al .

Jordan v. State

521 So. 2d 2 · Court of Criminal Appeals of Alabama · Sep 8, 1987

“Under date of January 13,1987 in Griffith v. Kentucky, and Brown v. … “This holding in Griffith and Brown, supra is consistent with the U.S. Supreme Court’s interpretation of their understanding of the retroactivity of their opinions. Specifically, see Desist v.

Franklin v. State

437 So. 2d 609 · Court of Criminal Appeals of Alabama · Jul 5, 1983

Luker v. State , 358 So.2d 504 (Ala.Cr.App. 1978). … Crane v. State , 401 So.2d 148 (Ala.Cr.App.) cert. denied , 401 So.2d 151 (Ala. 1981).

Funari v. City of Decatur

563 So. 2d 54 · Court of Criminal Appeals of Alabama · Mar 16, 1990

Code 1975, states that it is unlawful "[f]or any licensee or the board [Alcoholic Beverage Control Board] either directly or by the servants, agents or employees of the same, or for any servant, agent, or employee of the … Kirkland v. State , 529 So.2d 1036 , 1038 (Ala.Crim.App. 1988).

Mayola v. State

337 So. 2d 105 · Court of Criminal Appeals of Alabama · May 4, 1976

Burgett v. Texas, supra. Likewise, coram nobis is the appropriate State remedy to raise the alleged denial or lack of counsel at arraignment and at trial. Brown v. … Varner v. State, 43 Ala.App. 48 , 179 So.2d 177 ; Doughty v. Maxwell, 376 U.S. 202 , 84 S.Ct. 702 , 11 L.Ed.2d 650 ; Davis v. Holman, 5 Cir., 354 F.2d 773 , and Pate v. Holman, supra.

Richmond v. State

659 So. 2d 973 · Court of Criminal Appeals of Alabama · Aug 19, 1994

Defendant was represented by retained counsel, Margaret Brown, who is an experienced and highly competent criminal defense attorney. The allegations of his petition are without merit. … Sheats v. State , 556 So.2d 1094 , 1095 (Ala.Cr.App. 1989).' Norris v. State , 579 So.2d 34 , 35 (Ala.Cr.App. 1991) (Bowen, J., dissenting). See also Ex parte Hill , 591 So.2d 462 , 463 (Ala. 1991)." Ray v.

Gillis v. State

104 So. 3d 281 · Court of Criminal Appeals of Alabama · Aug 24, 2012

(quotations omitted)); Stith v. … See Johnson v.