Case law

Williams v. State

333 So. 2d 610 · Court of Criminal Appeals of Alabama · Jan 20, 1976

In Brown v. State, 32 Ala.App. 246 , 24 So.2d 450 (1946), this Court held that where an indictment fails to state any offense, such defect must be noticed despite the absence of an attack on it in the trial court. … In Fendley v.

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.

Carpenter v. State

408 So. 2d 559 · Court of Criminal Appeals of Alabama · Oct 6, 1981

The victim described the truck as "walnut" in color, being "between a gold or brown." He next saw his truck about a week later at the Georgiana Police Department. … Lark v. State , 348 So.2d 539 (Ala.Cr.App. 1977). AFFIRMED. All the Judges concur.

Meade v. State

381 So. 2d 656 · Court of Criminal Appeals of Alabama · Jan 22, 1980

U.S. v. Brown , 546 F.2d 166 (5th Cir. 1977); Chapman v. California , 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967); Beecher v. State , [ 294 Ala. 674 , 320 So.2d 727 ] supra." … For a collection of cases dealing with similar comments, see: Sellers v. State , 48 Ala. App. 178 , 263 So.2d 156 (1972); Welch v. State , 38 Ala.

Thompson v. State

444 So. 2d 899 · Court of Criminal Appeals of Alabama · Jan 10, 1984

Roberts v. Wainwright , 666 F.2d 517 (11th Cir. 1982); Taylor v. State , 291 Ala. 756 , 287 So.2d 901 (1973). It is fundamental that counsel must be given adequate time for preparation. Brown v. … Hull v. State , 232 Ala. 281 , 282 , 167 So. 553 (1936). See also Kelly v. State , 423 So.2d 343 (Ala.Cr.App. 1982); Scoggins v. State , 398 So.2d 353 (Ala.Cr.App.), cert. denied, 398 So.2d 357 (Ala. 1981); McKinnis v.

State v. Hamlet

913 So. 2d 493 · Court of Criminal Appeals of Alabama · Jan 7, 2005

See, e.g., Brown v. State , 807 So.2d 1 , 4 (Ala.Crim.App. 1999). … Ex parte White , 792 So.2d 1097 , 1098 (Ala. 2001); Brown v. State , 850 So.2d 1261 , 1263 (Ala.Crim.App. 2002).

Woodberry v. State

497 So. 2d 587 · Court of Criminal Appeals of Alabama · Oct 14, 1986

Bateh v. Brown , 293 Ala. 704 , 710 , 310 So.2d 186 (1975). Here, all four offenses occurred on the same afternoon between 1:00 and 6:00 in the Eastdale Mall parking lot. … In Burttram v.

Risner v. State

522 So. 2d 336 · Court of Criminal Appeals of Alabama · Feb 18, 1988

See Williams v. Davis, 386 So.2d 415 (Ala.1980); Mead v. State, 475 So.2d 645 (Ala.Cr.App.1985). … See Mead v. State. The record does not contain any other facts which we can consider to dispute appellant’s allegation.

Quinn v. State

57 Ala. App. 549 · Court of Criminal Appeals of Alabama · Jan 20, 1976

Justice Somerville speaking for the Supreme Court of Alabama, in Warwick v. State, 73 Ala. 486 , observed: . . … The Supreme Court of the United States in Estelle v.

State v. Fitch

715 So. 2d 873 · Court of Criminal Appeals of Alabama · Nov 12, 1997

Brown v. State, 686 So.2d 385, 405-06 (Ala.Cr.App.1995), aff'd, 686 So.2d 409 (Ala.1996). … Brown, 686 So.2d at 406.

Johnson v. State

473 So. 2d 652 · Court of Criminal Appeals of Alabama · May 28, 1985

She described the knife as having a white handle with brown streaks on it. The man was heavyset, approximately 190 pounds. She further stated that this man was the appellant. … Daniels v. State , 290 Ala. 316 , 276 So.2d 441 (1973); Scott v. State , 337 So.2d 1342 (Ala.Crim.App. 1976); Baker v.

Knight v. State

580 So. 2d 95 · Court of Criminal Appeals of Alabama · Mar 1, 1991

Hardin stated that on July 21, 1989, he had received a dispatch, commonly known as a “BOLO,” to be on the lookout for a brown Toyota Célica automobile which was occupied by several black males. … See McElroy v. State, 469 So.2d 1337 (Ala.Crim.App.1985). We are clear to the conclusions that a proper stop under Terry v.

W.D.H. v. State

16 So. 3d 121 · Court of Criminal Appeals of Alabama · Oct 31, 2008

Brown v. Texas, 443 U.S. 47 , 99 S.Ct. 2637 , 61 L.Ed.2d 357 (1979). … See Brown v.

Williams v. State

409 So. 2d 949 · Court of Criminal Appeals of Alabama · Nov 24, 1981

"A They were just brown paper bags; all that I could see was just brown paper bags like grocery shopping bags. "Q Okay. … App. 385 , 166 So.2d 510 ; Dodd v. State , 32 Ala. App. 307 , 26 So.2d 273 , cert. denied 248 Ala. 103 , 26 So.2d 274 ; Nelson v. City of Roanoke , 24 Ala.

Griffin v. State

47 Ala. App. 278 · Court of Criminal Appeals of Alabama · Oct 6, 1970

Verner v. Mosely, 221 Ala. 36 , 127 So. 527 . In Long v. … Mehaffey v. State, 16 Ala.App. 99 , 75 So. 647 ; Brown v. State, 32 Ala.App. 246 , 24 So.2d 450 .

Williams v. State

456 So. 2d 852 · Court of Criminal Appeals of Alabama · Jun 12, 1984

He stated that he was in charge of investigating a case involving a check from the Dallas County School Board payable to one Mary Davis. … possession of a forged instrument was dismissed. 2 Although the sentence imposed is long, it should be remembered that such is not as harsh as it seems since possibility of parole exists and is in the hands of the Parole Board

Osbourne v. State

588 So. 2d 516 · Court of Criminal Appeals of Alabama · Mar 1, 1991

However, the report does not comply with Armstrong v. State, 294 Ala. 100 , 312 So.2d 620 (1975). We have recently reaffirmed Armstrong and its progeny, in Grimes v. State, 579 So.2d 693 (Ala.Cr.App.1991). … to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a “ ‘neutral *517 and detached’ ” hearing body such as a traditional parole board

Foster v. State

548 So. 2d 475 · Court of Criminal Appeals of Alabama · Jun 30, 1987

As she was walking home, the appellant, whom she had seen at the Moon Glow, pulled beside her in a brown Ford and asked her if she wanted a ride home. … United States v. Erwin, 793 F.2d 656 (5th Cir.), cert. denied, 479 U.S. 991 , 107 S.Ct. 589 , 93 L.Ed.2d 590 (1986), Williams v. State, 712 S.W.2d 835 (Tex.App.1986), Swain v. State, 504 So.2d 347 (Ala.Cr.App.1986).

Wilkerson v. State

686 So. 2d 1266 · Court of Criminal Appeals of Alabama · Apr 19, 1996

Moore v. State , 647 So.2d 43 , 45-46 (Ala.Cr.App. 1994); Brown v. State , 623 So.2d 416 , 420 (Ala.Cr.App. 1993); Ex parte Jordan , 486 So.2d 485 , 489 (Ala. 1986). See also Gaddy v. State , [Ms. … United States v. Brown , 519 F.2d 1368 , 1370 (6th Cir. 1975).

Bagony v. City of Birmingham

365 So. 2d 336 · Court of Criminal Appeals of Alabama · Nov 21, 1978

Patton v. City of Decatur , Ala.Cr.App., 337 So.2d 173 , reversed, Ala., 337 So.2d 321 . … Dowdy v. State , 39 Ala. App. 178 , 96 So.2d 687 . Numerous other authorities may be found in Alabama Digest, Automobiles, Section 356.