Case law

McLeod v. State

415 So. 2d 1232 · Court of Criminal Appeals of Alabama · Jun 8, 1982

part of the record), that the issues in 1980 were (1) whether appellant's confessions were coerced; and (2) whether a letter purportedly written by a Dale County law enforcement officer to the State Pardons and Paroles Board … If a petitioner may not assert as grounds for a coram nobis petition facts he knew or should have known at trial, see Echols v.

Martinez v. State

624 So. 2d 711 · Court of Criminal Appeals of Alabama · Jun 18, 1993

Trooper Eller radioed that he "needed the brown Camaro with that Georgia plate stopped, and that [he] was going to issue a speeding citation." R. 6. … In Adams v.

S.B.S. v. State

675 So. 2d 1340 · Court of Criminal Appeals of Alabama · Apr 15, 1994

See Armstrong v. State, 294 Ala. 100 , 312 So.2d 620 (1975). A majority of this court in Grimes v. … On the authority of Morrissey v.

Myers v. State

499 So. 2d 820 · Court of Criminal Appeals of Alabama · Nov 12, 1986

Gordon v. State , 71 Ala. 315 (1882). See also Bibb v. State , 352 So.2d 840 (Ala.Cr.App.), reversed, 352 So.2d 842 (Ala. 1977), citing Clift v. State , 352 So.2d 838 (Ala. 1977), and Colston v. … McClain v. Brown , 587 F.2d 389 , 391 (8th Cir. 1978). "[T]he merit of the plea of former jeopardy cannot be tested by petition for writ of habeas corpus, but must be specially pleaded to the indictment or it is waived.

Ware v. State

807 So. 2d 594 · Court of Criminal Appeals of Alabama · May 25, 2001

The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Board of Corrections." … See Swicegood v. State , 646 So.2d 158 (Ala.Crim.App. 1994); Boutwell v. State , 488 So.2d 33 , 34 (Ala.Crim.App. 1986).

Bridges v. State

636 So. 2d 696 · Court of Criminal Appeals of Alabama · Dec 3, 1993

Summerford v. State , 466 So.2d 182 (Ala.Cr.App. 1985). Due process requires that the decision of a state disciplinary board or a hearing officer not be made arbitrarily or capriciously, but be based upon some evidence. … Pearsall v. State.

Patterson v. State

549 So. 2d 635 · Court of Criminal Appeals of Alabama · Jul 21, 1989

Conley v. State , 545 So.2d 246 (Ala.Cr.App. 1989). See also State v. … See Tuscaloosa City Board of Education v. American/Owens, Inc. , 486 So.2d 405 (Ala. 1986) (a motion is considered according to its substance and not its label).

Dozier v. State

596 So. 2d 49 · Court of Criminal Appeals of Alabama · Oct 25, 1991

Anonymous v. State , 507 So.2d 972 (Ala. 1987). … See also Schaut v. State , 551 So.2d 1135 (Ala.Cr.App. 1989).

Anthony v. State

495 So. 2d 736 · Court of Criminal Appeals of Alabama · Sep 9, 1986

At approximately 11:30 p.m., appellant noticed Robert Brown, her daughter’s estranged husband, driving up and down the road in front of her daughter’s residence. … State, 478 So.2d 318, 319 (Ala.Cr.App.1985), quoting Byrd v. State, 257 Ala. 100 , 57 So.2d 388 (1952).

Abner v. State

741 So. 2d 440 · Court of Criminal Appeals of Alabama · Feb 13, 1998

State v. Hill , 690 So.2d 1201 , 1203 (Ala. 1996), quoting Stiles v. Brown , 380 So.2d 792 , 794 (Ala. 1980). … Sheridan v. State , 591 So.2d 129 , 130 (Ala.Cr.App. 1991).'" Woods v. State, 695 So.2d 636 (Ala.Cr.App. 1996), cert. denied, 695 So.2d 643 (Ala. 1997), quoting State v.

R.L.B. v. State

647 So. 2d 803 · Court of Criminal Appeals of Alabama · Jun 17, 1994

Brown [v. [State], 353 So.2d 1384 (Ala.1978)]. The only standard which must be met is whether a reasonable man would believe the crime occurred and that the defendant committed it. … See Ex parte Brown, 540 So.2d 740, 744-45 (Ala.1989).” P.W. v. State, 625 So.2d 1207, 1209 (Ala.Cr.App.1993).

Kissic v. State

594 So. 2d 227 · Court of Criminal Appeals of Alabama · Oct 11, 1991

Perry v. State, 534 So.2d 1126 (Ala.Cr.App.1988). … Several minutes later, the appellant came out and got into the car, and Doug came out with a brown paper bag, the top of which was folded over.

Evans v. State

794 So. 2d 1234 · Court of Criminal Appeals of Alabama · Oct 27, 2000

This Court, however, held in Law v. … Stallworth v. State , 690 So.2d 551 , 553 (Ala.Crim.App. 1997). Even constitutional issues must be properly preserved for appellate review. Brown v. State , 705 So.2d 871 , 875 (Ala.Crim.App. 1997).

Hamm v. State

471 So. 2d 1260 · Court of Criminal Appeals of Alabama · Apr 23, 1985

Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969). Roberson v. State, 441 So.2d 1067 (Ala.Crim.App.1983); Creel v. State, 462 So.2d 1042 (Ala.Crim.App.1984); Browning v. … Strickland v. Washington, 466 U.S. -, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Duncan v. State, 461 So.2d 906 (Ala.Crim.App.1984); Daniel v. State, 459 So.2d 948 (Ala.1984); Creel v.

Lambert v. State

495 So. 2d 90 · Court of Criminal Appeals of Alabama · Feb 12, 1986

Roberson v. State, 441 So.2d 1067 (Ala.Crim.App.1983); Browning v. State, 465 So.2d 1208 (Ala.Crim.App.1985). There is nothing in this record to indicate that petitioner’s counsel was inadequate in a legal sense. … Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Duncan v. State, 461 So.2d 906 (Ala.Crim.App.1984); Daniel v. State, 459 So.2d 948 (Ala.1984); Carter v.

Woodberry v. State

625 So. 2d 1159 · Court of Criminal Appeals of Alabama · Jul 9, 1993

Ex parte Brown , 540 So.2d 740 (Ala. 1989) (trial court's failure to comply with A.R. Juv. P. 24 waived by failure to object)." Taylor v. State , 600 So.2d 1080 , 1081 (Ala.Cr.App. 1992). … See Taylor v. State , supra. See also Nichols v. State , [Ms.

Powell v. State

515 So. 2d 140 · Court of Criminal Appeals of Alabama · Sep 25, 1987

In Harper v. … She is a duly licensed medical laboratory technician, certified by the American Medical Technologists Registry, the National Board.

Scheuing v. State

161 So. 3d 245 · Court of Criminal Appeals of Alabama · Nov 8, 2013

Brown, 11 So.3d at 910. … Brown v. State, 11 So.3d 866, 923 (Ala.Crim.App.2007).

Lee v. State

727 So. 2d 887 · Court of Criminal Appeals of Alabama · Nov 20, 1998

See M.T.R. v. … McMILLAN, COBB, BROWN, and BASCHAB, JJ., concur. .

DuBoise v. State

647 So. 2d 79 · Court of Criminal Appeals of Alabama · Jun 17, 1994

State , 294 Ala. 100 , 312 So.2d 620 (1975); Wyatt v. State , 608 So.2d 762 (Ala. 1992). In Grimes v. … the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a 'neutral and detached' hearing body such as a traditional parole board