Case law

May v. State

729 So. 2d 362 · Court of Criminal Appeals of Alabama · Oct 23, 1998

On appeal, counsel filed a motion to withdraw and a brief in substantial compliance with Anders v. … AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS FOR RESENTENCING * LONG, P.J., and McMILLAN, COBB, and BROWN, JJ., concur. .

Ex parte Kendrick

385 So. 2d 1017 · Court of Criminal Appeals of Alabama · Jun 30, 1980

Neither the Constitution nor any statute gives this court appellate jurisdiction over the State Board of Corrections. … See: Tetter v. State, Ala., 358 So.2d 1046 (1978).

Jolly v. State

689 So. 2d 986 · Court of Criminal Appeals of Alabama · Jun 21, 1996

In Hill v. … Brown v. State , 376 So.2d 1382 , 1391 (Ala.Cr.App. 1979). 3 As noted in Brown , "once a valid sentence is imposed upon a defendant, the trial court loses the power" to increase that sentence.

Gilliam v. State

502 So. 2d 1210 · Court of Criminal Appeals of Alabama · Jan 31, 1984

Andrews handed the appellant $1,350, which he handed over to two people for a brown paper bag containing marijuana. Andrews and the appellant returned to Opelika in separate vehicles and stopped at Andrews’s trailer. … In Robinson v.

Gordon v. State

611 So. 2d 453 · Court of Criminal Appeals of Alabama · Sep 18, 1992

In Miller v. State, 568 So.2d 1253 (Ala. … Scott v. State, 599 So.2d 1222 (Ala.Cr.App.1992); Demunn v. State, [Ms. 90-940, October 11, 1991], 1991 WL 238130 (Ala.Cr.App.1991).

Martin v. State

46 Ala. App. 310 · Court of Criminal Appeals of Alabama · Oct 6, 1970

Brown, supra, 253 N.C. 195 , 116 S.E.2d 349 , the court held that in a hearing to determine whether defendant had violated the terms of a suspended sentence, the introduction in evidence of the minutes of a recorder’s court … But as stated in Cloud v. Fallis, Fla.App.1958, 107 So.2d 264 , which quoted from Shultz v.

Childs v. State

238 So. 3d 90 · Court of Criminal Appeals of Alabama · Feb 10, 2017

Sisson v. State , 528 So.2d 1159 , 1162 (Ala. 1988). In King v. State , 574 So.2d 921 (Ala. Crim. … Brown v. Ohio , 432 U.S. 161 , 165, 97 S.Ct. 2221 , 2225, 53 L.Ed.2d 187 (1977)." 574 So.2d at 929 -30 . Section 13A-7-5, Ala.

Harris v. State

420 So. 2d 812 · Court of Criminal Appeals of Alabama · Aug 24, 1982

The robbers handed him a brown paper bag into which he placed over $100. The robbers then sprayed Mace into his eyes and fled heading toward a nearby apartment complex. … (R. 34) They carried with them a gun, can of Mace, brown bag, and an army coat. He testified that appellant and the Flowers planned the robbery.

Martin v. State

354 So. 2d 1146 · Court of Criminal Appeals of Alabama · Mar 8, 1977

A1 Jeter wore a black shirt, blue pants, sandals; Chris Smith, yellow shirt, red and blue pants, brown shoes; William Martin, yellow shirt, green pants, sandals; William Mae had a blue shirt, orange pants, brown shoes; Carl … Davis v. State, 165 Ala. 93 , 51 So. 239 ; Newsum v. State, 10 Ala.App. 124 , 65 So. 87 ; Brown v. State, 30 Ala.App. 339 , 7 So.2d 24 ; Smith v. State, 35 Ala.App. 580 , 50 So.2d 791 .

Tyson v. State

361 So. 2d 1182 · Court of Criminal Appeals of Alabama · Aug 29, 1978

In Brown v. State , 44 Ala. App. 135 , 136 , 203 So.2d 700 , 702 (1967), the Alabama Court of Appeals approved the statement appearing in 23 C.J.S. … See Brown v. State , 37 Ala. App. 516 , 74 So.2d 273 . Therefore, no harm comes from treating all eight payments as installments."

Barnes v. State

727 So. 2d 839 · Court of Criminal Appeals of Alabama · Aug 14, 1998

This Court found in Dill v. … LONG, P.J., and McMILLAN, BROWN, and BASCHAB, JJ., concur.

Acoff v. State

50 Ala. App. 206 · Court of Criminal Appeals of Alabama · May 15, 1973

As was stated in Swain v. … As stated in Clenney v.

Washington v. State

401 So. 2d 236 · Court of Criminal Appeals of Alabama · Apr 21, 1981

Q Was you in the same brown car? A Yes, sir. Q What kind of car was that? A 1975 brown Honda Civic.” (R. 21-22) Davis then took appellant home, and returned to the project. … Yarber v. State, Ala., 375 So.2d 1229 (1978); Clifton v. State, Ala.Cr.App., 359 So.2d 853 (1978). The question of law for the court resolves itself into one of undisputed evidence. Leonard v. State, 43 Ala.

Dutton v. State

434 So. 2d 853 · Court of Criminal Appeals of Alabama · Jul 5, 1983

*Page 856 State , 374 So.2d 377 (Ala.Cr.App. 1978), aff'd , 374 So.2d 388 (Ala. 1979); Summers v. State , 348 So.2d 1126 (Ala.Cr.App.), cert. denied , 348 So.2d 1136 (Ala. 1977); Brown v. … V Appellant's motion to have the state pay for independent testing of samples taken from the victim and himself was properly denied. Brown v.

Stewart v. State

443 So. 2d 1362 · Court of Criminal Appeals of Alabama · Nov 1, 1983

Miller v. State , 431 So.2d 586 (Ala.Cr.App. 1983); Bender v. State , 420 So.2d 843 (Ala.Cr.App. 1982); James v. State , 405 So.2d 71 (Ala.Cr.App. 1981). In James v. … James v. State , supra, at 73.

Garrett v. State

431 So. 2d 1362 · Court of Criminal Appeals of Alabama · May 3, 1983

However, we find nothing therein as to the petitioner’s claim as to the disqualification to serve on the particular case of one of the members of the disciplinary board. … Shuttlesworth v. State, 42 Ala.App. 34 , 151 So.2d 734 , cert. denied, 275 Ala. 698 , 151 So.2d 738 (1962); Gurley v. State, 42 Ala.App. 551 , 171 So.2d 461 (1965); Arnold v.

Robinson v. State

55 Ala. App. 658 · Court of Criminal Appeals of Alabama · Jul 29, 1975

In Cornelius v. … In Bates v.

Jenkins v. State

367 So. 2d 587 · Court of Criminal Appeals of Alabama · Dec 19, 1978

The action of the Disciplinary Board and the conviction are based on the same factual situation. … The appellant contends that the action of the Disciplinary Board constituted a bar to further prosecution for the same offense.

Carroll v. State

407 So. 2d 173 · Court of Criminal Appeals of Alabama · Jan 20, 1981

In all material respects, charge 27 is the same as charge number 4 in Brooks 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.

Thomas v. State

435 So. 2d 1319 · Court of Criminal Appeals of Alabama · Aug 4, 1981

Watson v. State, Ala.Cr.App., 392 So.2d 1274 ; Certiorari Denied, Ala., 392 So.2d 1280 ; Brown v. State, Ala.Cr.App., 392 So.2d 1248 ; Certiorari Denied, Ala., 392 So.2d 1266 ; Griggs v. … Fulghum v. State, 291 Ala. 71 , 277 So.2d 886 ; Johnson v. State, supra; Brown v. State, supra; Taylor v. State, Ala.Cr.App., 380 So.2d 363 ; Williams *1324 v.