Case law

Agee v. State

474 So. 2d 158 · Court of Criminal Appeals of Alabama · Oct 9, 1984

by Wolff v. … Even so, whatever fault there is to be found in the failure of the evidence on the habeas corpus hearing in the trial court to show that the disciplinary board had complied with its duties as set forth in Wolff v.

Powers v. City of Huntsville

440 So. 2d 1185 · Court of Criminal Appeals of Alabama · Aug 2, 1983

In Sears, Roebuck & Co. v. … In Central Hardware Co. v. National Labor Relations Board, 407 U.S. 539 , 92 S.Ct. 2238 , 33 L.Ed.2d 122 (1972), a hardware retailer caused an organizer to be arrested.

Robinson v. State

837 So. 2d 882 · Court of Criminal Appeals of Alabama · May 31, 2002

We subsequently refined this holding in Brooks v. State , [Ms. … We have reviewed the record of Robinson's direct appeal, see Hull v.

Taylor v. State

405 So. 2d 946 · Court of Criminal Appeals of Alabama · Mar 17, 1981

After a short visit with his girl friend, appellant and Joseph Taylor went to Buster Brown's Place Over the Hill, a local night club in Perry County, and each purchased three beers. … Cosby v. State , supra. This was quite clearly stated in Daughdrill v.

Kolonusz v. State

552 So. 2d 1075 · Court of Criminal Appeals of Alabama · Oct 13, 1989

He described the automobile as small and brown. … See Molina v.

George v. State

54 Ala. App. 90 · Court of Criminal Appeals of Alabama · Dec 17, 1974

Recently, this Court, in King v. … Broadway v. State, 257 Ala. 414 , 60 So.2d 701 ; Washington v. State, 259 Ala. 104 , 65 So.2d 704 .”

Roy v. State

680 So. 2d 935 · Court of Criminal Appeals of Alabama · Jan 13, 1995

The appellant, Larry Dennis Roy, was indicted for the capital murder of David Wayne Brown. The jury found the.appellant guilty as charged in the indictment and the jury recommended a sentence of death. … Allen v. State, 659 So.2d 135 (Ala.Cr.App.1994). “In view of J.E.B. v. Alabama and Allen v.

Thomas v. State

363 So. 2d 1020 · Court of Criminal Appeals of Alabama · Oct 31, 1978

State, 30 Ala.App. 182 , 2 So.2d 466 (1941), as where the defendant-chauffeur had prior knowledge of the robbery as shown by his statements to the police, Brown v. … denied, 349 So.2d 89 (1977); the presence of the defendant near the scene of the crime before the robbery with two of the three men identified as the robbers, the defendant's knowledge that one man carried a shotgun in a brown

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.

Crapps v. State

723 So. 2d 775 · Court of Criminal Appeals of Alabama · Aug 28, 1998

723 So.2d 775 (1998) Terrell Norman CRAPPS v. STATE. CR-96-2309. Court of Criminal Appeals of Alabama. April 3, 1998. Opinion on Return to Remand August 28, 1998. Rehearing Denied October 23, 1998. Thomas M. … Drayton v. State, 600 So.2d 1088 (Ala.Cr.App.1992) (and cases cited therein)." Banks v. State, 658 So.2d 511, 512 (Ala.Cr. App.1994). APPEAL DISMISSED. LONG, P.J., and COBB, BROWN, and BASCHAB, JJ., concur.

Cotton v. State

481 So. 2d 413 · Court of Criminal Appeals of Alabama · Oct 8, 1985

Sexton v. State , 349 So.2d 126 (Ala.Cr.App. 1977); Brown v. State , 55 Ala. App. 615 , 318 So.2d 311 (Ala.Cr.App. 1975). … United States v. Brown , 519 F.2d 1368 (6th Cir. 1975). Our state has adopted this principle in Young v. State , 363 So.2d 1007 (Ala.Cr.App. 1978), and Wysinger v. State , 448 So.2d 435 (Ala.Cr.App. 1983).

Bezotte v. State

358 So. 2d 521 · Court of Criminal Appeals of Alabama · May 2, 1978

He described the vehicle as a 1967 Volkswagen Beetle Sedan Primer Brown. … She further testified they drove their brown Volkswagen to the party.

Worley v. State

339 So. 2d 1096 · Court of Criminal Appeals of Alabama · Nov 23, 1976

Cardwell v. Lewis, 417 U.S. 583 , 94 S.Ct. 2464 , 41 L.Ed.2d 325 (1974). Also see: South Dakota v. Opperman, - U.S. -, 96 S.Ct. 3092 , 49 L.Ed.2d 1000 (1976). … Pugh v. State, 51 Ala.App. 164 , 283 So.2d 616 (1973).

Bagony v. City of Birmingham

371 So. 2d 80 · Court of Criminal Appeals of Alabama · May 22, 1979

Langford v. State , 45 Ala. 26 (1871); Stinson v. State , 28 Ala. App. 559 , 560 , 190 So. 303 (1939). … Deloach v. State , 356 So.2d 222 (Ala.Cr.App.), cert. denied, 356 So.2d 230 (Ala. 1978); Pruitt v. State , 337 So.2d 50 (Ala.Cr.App. 1976); Kimbrough v.

McDaniel v. State

54 Ala. App. 314 · Court of Criminal Appeals of Alabama · Oct 29, 1974

The officer, who was at the time outside the house, testified that he observed appellant throw a small brown bottle from the balcony. … Burton v. United States, 9 Cir., 272 F.2d 473 , cert. denied, 362 U.S. 951 , 80 S.Ct. 863 , 4 L.Ed.2d 869 ; Vincent v. United States, 8 Cir., 337 F.2d 891 ; Maples v. State, supra; Hayes v. State, supra.

Hughes v. State

52 Ala. App. 244 · Court of Criminal Appeals of Alabama · Mar 5, 1974

Poellnitz v. State, 48 Ala.App. 144 , 262 So.2d 631 ; Carroll v. State, 45 Ala.App. 92 , 225 So.2d 198 . … Peppers v. State, 36 Ala. *248 App. 468 , 59 So.2d 685 ; Miller v. State, 39 Ala.App. 584 , 105 So.2d 711 . On the question of constructive possession, see Houston v. State, 38 Ala.App. 641 , 93 So.2d 438 , and Evans v.

Brooks v. State

380 So. 2d 1012 · Court of Criminal Appeals of Alabama · Feb 26, 1980

Gordon v. State , 268 Ala. 517 , 110 So.2d 334 ; Amos v. State , 123 Ala. 50 , 26 So. 524 ; Harris v. State , 123 Ala. 69 , 26 So. 515 ; Bryant v. State , 116 Ala. 445 , 23 So. 40 ; Newsom v. … Wilson v. State , 243 Ala. 1 , 21 , 8 So.2d 422 (1942); Brown v. State , 33 Ala. App. 97 , 104 , 31 So.2d 670 (1946); Salter v. State , 22 Ala. App. 86 , 88 , 112 So.2d 538 (1927); Diamond v. State , 15 Ala.

Malloy v. State

908 So. 2d 1048 · Court of Criminal Appeals of Alabama · Oct 29, 2004

Malloy requested that the circuit court order the Department of Corrections ("the DOC") and the Board of Pardons and Paroles ("the Board") to comply with § 13A-5-9.1 by evaluating his conduct while in prison and submitting … In Kirby v.

McGaster v. State

689 So. 2d 1001 · Court of Criminal Appeals of Alabama · Sep 27, 1996

Brown, v. State, 677 So.2d 1266 (Ala.Cr.App.1996). The circuit court failed to make such findings.

Baker v. City of Huntsville

516 So. 2d 927 · Court of Criminal Appeals of Alabama · Jul 28, 1987

Second, there must be a showing that the test was performed according to methods approved by the State Board of Health. Alabama Code 1975, § 32-5A-194 (a)(1). See Commander v. State , 374 So.2d 910 (Ala.Crim.App. 1978). … He further testified that the instrument and procedures used were approved by the State Board of Health.