Case law

Kuenzel v. State

577 So. 2d 474 · Court of Criminal Appeals of Alabama · Jun 29, 1990

In Brown v. … Citing Brown v. Butler, 811 F.2d 938 (5th Cir.1987), and Baumann v.

Seagroves v. State

726 So. 2d 738 · Court of Criminal Appeals of Alabama · May 8, 1998

Land v. … LONG, P.J., and McMILLAN, COBB, and BROWN, JJ., concur. BASCHAB, J., concurs in result only. *Page 745

Montgomery v. State

687 So. 2d 1277 · Court of Criminal Appeals of Alabama · Sep 27, 1996

However, in Wyatt v. State, 608 So.2d 762 (Ala.1992), the Alabama Supreme Court expressly, disapproved of the approach used by the trial court: “In Armstrong v. … See Brown v. State, 515 So.2d 146 (Ala.Cr.App.1987); Salter v. *1279 State, 470 So.2d 1360 (Ala.Cr.App.1985). This Court, however, continues to hold that Armstrong v.

Fleming v. State

470 So. 2d 1343 · Court of Criminal Appeals of Alabama · Mar 12, 1985

Deputy Bill Goodson testified that he seized a brown can containing marijuana seeds and a plastic bag containing a leafy vegetable material from the appellant on March 3, 1984. … On March 7, 1984, she received a sealed brown paper bag from David Ragan. She examined and tested the items, then resealed the evidence and placed it in a box in the evidence room.

Jones v. State

339 So. 2d 170 · Court of Criminal Appeals of Alabama · Nov 16, 1976

Brown testified that he was owner of the Anniston Pump Shop, Incorporated, on January 15-16,1975. … Barnett v. State, 52 Ala.App. 260 , 291 So.2d 353 , and authorities therein cited. Moreover, the statement, as set out above, is fragmentary and therefore is not properly presented for our review. McClary v.

Dunaway v. State

50 Ala. App. 198 · Court of Criminal Appeals of Alabama · Feb 6, 1973

Coleman v. Estes, 281 Ala. 234 , 201 So.2d 391 ; Liberty National Life Ins. Co. v. Patterson, 278 Ala. 43 , 175 So.2d 737 ; Evans v. Avery, 272 Ala. 230 , 130 So.2d 373 .” See also Phillips v. … Townsell v. State, 255 Ala. 495 , 52 So.2d 186 ; Brown v. State, 229 Ala. 58 , 155 So. 358 .

Garlington v. State

549 So. 2d 547 · Court of Criminal Appeals of Alabama · Feb 24, 1989

State, 439 So.2d 822 (Ala.Cr.App.1983); Barker v. State, 437 So.2d 1375 (Ala.Cr. App.1983). “We fail to see any difference between these inadequate statements and the statement ■ of Spooner’s disciplinary board. … The board in the instant case likewise failed to specify the facts in the officer’s report upon which it relied.

Cornelius v. State

733 So. 2d 917 · Court of Criminal Appeals of Alabama · Oct 23, 1998

See McCloud v. State , [Ms. CR-97-0765, August 28, 1998] ___ So.2d ___ (Ala.Cr.App. 1998); Thornton v. State , 728 So.2d 1162 (Ala.Cr.App. 1998); Scarbrough v. State , 709 So.2d 82 (Ala.Cr.App. 1997); Hairgrove v. … REMANDED WITH DIRECTIONS. * McMILLAN, COBB, BROWN, and BASCHAB, JJ., concur. * Note from the reporter of decisions: On December 18, 1998, on return to remand, the Court of Criminal Appeals affirmed, without opinion.

Henderson v. State

583 So. 2d 276 · Court of Criminal Appeals of Alabama · Nov 16, 1990

We note that the facts of this case differ from those in Brown v. … Dutton v. Brown, 812 F.2d 593, 595 (10th Cir.), cert. denied sub nom. Dutton v. Maynard, 484 U.S. 836 , 108 S.Ct. 116 , 98 L.Ed.2d 74 (1987).

Colbert v. State

736 So. 2d 682 · Court of Criminal Appeals of Alabama · Jun 19, 1998

See Stallworth v. State, 690 So.2d 551 (Ala.Cr.App.1997); Rule 27.6(f), Ala. R.Crim. P. … LONG, P.J., and McMILLAN, COBB, and BROWN, JJ., concur.

Prince v. State

356 So. 2d 750 · Court of Criminal Appeals of Alabama · Mar 21, 1978

Brown v. State , 120 Ala. 342 , 25 So. 182 ; McDonald v. State , 165 Ala. 85 , 51 So. 629 . … Welsh v. State , 96 Ala. 92 , 11 So. 450 ; Underhill on Criminal Evidence (2d Ed.) p. 276, § 145." See also Lowery v. State , 98 Ala. 45 , 13 So. 498 (1893); Houston v.

Robinson v. State

339 So. 2d 145 · Court of Criminal Appeals of Alabama · Nov 2, 1976

The testimony for the State tended to show that around 9:00 p. m. on April 30, 1975, appellant was observed by Police Officer Michael Farrior in front of the Jeff Davis Seafood Store selling something in brown paper bags … Young v. State, 283 Ala. 676 , 220 So.2d 843 . The judgment of conviction is affirmed. AFFIRMED. All the Judges concur, except CATES, P. J., not sitting.

Buchanan v. State

50 Ala. App. 656 · Court of Criminal Appeals of Alabama · Aug 14, 1973

IV On the authority of Hubbard v. State, 290 Ala. 118 , 274 So.2d 298 the sentence of death heretofore imposed on the appellant, Buchanan, is vacated and set aside. … The Board of Corrections, if it has not already done so, shall take Buchanan off “death row.” It follows that except as to the death sentence, the judgment of the circuit court is affirmed.

Hill v. State

733 So. 2d 937 · Court of Criminal Appeals of Alabama · Dec 18, 1998

Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967); Rule 26.7, Ala.R.Crim.P., and Committee Comments to Rule 26.7. … REMANDED WITH INSTRUCTIONS. * LONG, P.J., and McMILLAN, BROWN, and BASCHAB, JJ., concur. .

Childers v. State

338 So. 2d 1058 · Court of Criminal Appeals of Alabama · Oct 26, 1976

See Bobo v. State , 56 Ala. App. 622 , 324 So.2d 336 . … In White v. State , 111 Ala. 92 , 21 So. 330 , in quoting from Bowles v.

Reynolds v. State

709 So. 2d 1338 · Court of Criminal Appeals of Alabama · Sep 5, 1997

Robinson v. … “Id., citing Ex parte Hawkins, 475 So.2d 489 (Ala.1985); see also Whitson v. State, 513 So.2d 38 (Ala.Cr.App.1987).” Archer v. State, 659 So.2d 968, 969 (Ala.Cr.App.1994).

Brooks v. State

57 Ala. App. 478 · Court of Criminal Appeals of Alabama · Mar 16, 1976

Defendant, twenty or twenty-one years of age at the time of the alleged incident, had been boarding about six months at the home of the boy’s mother. … Daniel [Daniell] v. State, 37 Ala.App. 559 , 73 So.2d 370 , Syl. 3.”

Payne v. State

791 So. 2d 383 · Court of Criminal Appeals of Alabama · Feb 25, 2000

Brown v. State, supra. III. … Brown v. State, supra.

MacK v. State

925 So. 2d 999 · Court of Criminal Appeals of Alabama · Jun 24, 2005

See Mack v. State (No. CR-98-1328), 796 So.2d 449 (Ala.Crim.App. 1999) (table). On May 7, 2000, Mack pleaded guilty to one count of first-degree escape and was sentenced as a habitual offender to life imprisonment. … In Kirby v.

Carpenter v. State

597 So. 2d 757 · Court of Criminal Appeals of Alabama · Mar 13, 1992

Brown v. State, 38 Ala.App. 312, 314 , 82 So.2d 806, 808 (1955). See also Adams v. State, 585 So.2d 161 (Ala.1991). … Because the conviction must be reversed and rendered, this Count need not address the application in this case of Texas v.