Case law
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1.13s
492 So. 2d 661 · Court of Criminal Appeals of Alabama · May 13, 1986
Stennett v. State , 340 So.2d 65 , 67 (Ala. 1976). The defendant was charged with recklessly causing the death of Dondie Brown "by driving an automobile while under the influence of alcohol and/or drugs." … Reeves v.
Cited 8 timesPublished815 So. 2d 583 · Court of Criminal Appeals of Alabama · Apr 27, 2001
Rawlings v. … v.
Cited 13 timesPublished850 So. 2d 1261 · Court of Criminal Appeals of Alabama · Mar 22, 2002
Rule 32.7(d). *1264 Brown’s claim that his confession was involuntary is precluded because Brown could have, but did not, raise it at trial or on appeal. Rule 32.2(a)(8) and (5), Ala. R.Crim. P. See McNair v. … Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). . On appeal, Brown also attempts to couch some of the substantive claims in his petition in terms of “newly discovered evidence.”
Cited 2 timesPublished712 So. 2d 1112 · Court of Criminal Appeals of Alabama · Aug 22, 1997
See Lasner v. State , 689 So.2d 1004 (Ala.Cr.App. 1996); Moore v. … Twyman v. State , 293 Ala. 75 , 300 So.2d 124 (1974); Cashin v. State , 428 So.2d 179 (Ala.Cr.App. 1982); McNalley v. State , 468 So.2d 209 (Ala.Cr.App. 1985)." Humber v.
Cited 6 timesPublished396 So. 2d 137 · Court of Criminal Appeals of Alabama · Feb 24, 1981
Brown. He questioned the defendant at the Lowndes County Sheriff’s Office after advising the defendant of his rights. Pem-berton testified that he “went through great pains in explaining his rights to him.” … Moore v. State, 291 Ala. 522 , 283 So.2d 187 (1973). See also Sanchez v. Beto, 467 F.2d 513 (5th Cir. 1972); United States v: Garcia, 431 F.2d 134 (9th Cir. 1970).
Cited 2 timesPublished868 So. 2d 477 · Court of Criminal Appeals of Alabama · Jul 18, 2003
Because Brown failed to invoke the limited right to appeal a guilty plea, we have no authority to consider this appeal. See Williams v. State, 854 So.2d 625 (Ala.Crim.App.2003). … See Langford v. State, 531 So.2d 944 (Ala.Crim.App.1988).
Cited 1 timesPublished488 So. 2d 9 · Court of Criminal Appeals of Alabama · Jan 7, 1986
Anderson v. State , 443 So.2d 1364 , 1367-68 (Ala.Cr.App. 1983). … Brown failed to show either that the pretrial publicity had saturated the community so as to render the trial setting inherently suspect or the existence of actual jury prejudice generated by the publicity. Nelson v.
Cited 5 timesPublished627 So. 2d 1112 · Court of Criminal Appeals of Alabama · May 7, 1993
In Quinlivan v. … In Smith v.
Cited 4 timesPublished812 So. 2d 398 · Court of Criminal Appeals of Alabama · Aug 31, 2001
I concur to affirm the appellant’s conviction; however, I would reverse the sentence and remand the case for resen-tencing in accordance with Judge Shaw’s special writing in Poole v. State, [Ms.
Cited 0 timesPublished377 So. 2d 1139 · Court of Criminal Appeals of Alabama · Oct 30, 1979
Seibold v. State, 287 Ala. 549 , 253 So.2d 302 (1970); Walker v. State, 265 Ala. 233 , 90 So.2d 221 (1956); Coon v. State, Ala.Cr.App., 4 Div. 708 (Ms. Sept. 4, 1979); O’Neal v. … Clayton v. State, 36 Ala.App. 175 , 54 So.2d 719 (1951); Gurley v. State, 36 Ala.App. 606 , 61 So.2d 137 (1952); Gills v. State, 35 Ala.App. 119 , 45 So.2d 44 (1950); Bedingfield v.
Cited 3 timesPublished986 So. 2d 471 · Court of Criminal Appeals of Alabama · Aug 31, 2007
The appellant, Davarias Cortez Brown, was indicted for murder made capital because he committed it by or through the use of a deadly weapon while the victim was in a vehicle. … Harris v. State , 513 So.2d 79 , 81 (Ala.Cr.App. 1987) (quoting Byrd v. State , 24 Ala.App. 451 , 136 So. 431 (1931)).['] "(Emphasis in original.) See Smith v. State , 604 So.2d 434 (Ala.Cr.App. 1992); Pearson v.
Cited 0 timesPublished784 So. 2d 371 · Court of Criminal Appeals of Alabama · May 26, 2000
Martin v. State , 687 So.2d 1253 , 1256 (Ala.Crim.App. 1996) (citations omitted). … Estes v. State , 776 So.2d 206 (Ala.Crim.App. 1999) (citations omitted).
Cited 3 timesPublished481 So. 2d 1191 · Court of Criminal Appeals of Alabama · Dec 10, 1985
Watson v. State, 398 So.2d 320 (Ala.Crim.App.), cert. denied, 398 So.2d 332 (Ala.1980), 425 U.S. 941 , 101 S.Ct. 3085 , 69 L.Ed.2d 955 (1981). … Gamble, McElroy’s Alabama Evidence, § 207.01(5) (3rd ed.1977); Brown v. Billy Marlar Chevrolet, 381 So.2d 191 (Ala.1980); Bury v. Marietta Dodge, 692 F.2d 1335 (11th Cir.1982).
Cited 2 timesPublished592 So. 2d 618 · Court of Criminal Appeals of Alabama · Aug 3, 1990
In his petition for a writ of habeas corpus, Brown challenged the disciplinary board’s decision to deprive him of 12 months’ good time for an alleged escape from a Montgomery work release facility on February 16, 1977. … Hence, the regulation favors committee selection from a single institution. (4) The evidentiary standard required in prison disciplinary hearings was stated in Superintendent, Massachusetts Corrections Institution, Walpole v.
Cited 1 timesPublished737 So. 2d 487 · Court of Criminal Appeals of Alabama · Apr 30, 1999
Fulghum v. State, 291 Ala. 71 , 277 So.2d 886 (1973). … In arguing that there was no evidence bringing Brown’s offense within the definition of the lesser offense, the State relies on this court’s opinion in Reed v. State, 717 So.2d 862 (Ala.Cr.App.1997).
Cited 2 timesPublished335 So. 2d 418 · Court of Criminal Appeals of Alabama · May 18, 1976
Cited 1 timesPublished695 So. 2d 153 · Court of Criminal Appeals of Alabama · May 10, 1996
The appellant, Oscar Brown, Jr., pleaded guilty to and was convicted of arson in the second degree, burglary in the second degree, and theft in the second degree. … Those who dissent in this ease cite Brewster v.
Cited 3 timesPublished632 So. 2d 17 · Court of Criminal Appeals of Alabama · Sep 18, 1992
Brown v. State, 571 So.2d 345 (Ala.Crim.App.), cert. quashed, 571 So.2d 353 (Ala.1990). … See Alabama v. Brown, — U.S. -, 111 S.Ct. 2791 , 115 L.Ed.2d 966 (1991). On July 26, 1991, this court again reversed, holding that this case is distinguishable from Mu’Min both on the facts and the law. 586 So.2d 991 .
Cited 5 timesPublished466 So. 2d 150 · Court of Criminal Appeals of Alabama · Aug 28, 1984
In the petition for writ of error coram nobis filed by appellant Brown, issues have been raised which ordinarily require a hearing. The circuit court dismissed the petition without a hearing.
Cited 0 timesPublished511 So. 2d 270 · Court of Criminal Appeals of Alabama · Jun 30, 1987
Robert Lee Brown petitioned for a writ of error coram nobis. It was denied without a hearing and he appealed. … Brown was charged with three counts of child abuse relating to his 11-, 10-, and 9-year-old daughters.
Cited 0 timesPublished
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