Case law

P.W. v. State

625 So. 2d 1207 · Court of Criminal Appeals of Alabama · Aug 13, 1993

See Ex parte Brown, 540 So.2d 740, 744-45 (Ala. 1989). Even had the issue been properly preserved, we find that the juvenile was not incareerated because of his indigency. … “[T]he imprisonment of an indigent offender for failure to pay his fine is generally recognized as constitutionally impermissible, Williams v. Illinois, 399 U.S. 235 , 90 S.Ct. 2018 , 26 L.Ed.2d 586 (1970); Tate v.

Chastang v. State

366 So. 2d 367 · Court of Criminal Appeals of Alabama · Jan 16, 1979

Seaman v. State, 28 Ala.App. 480 , 188 So. 269 ; Chambers v. State, 31 Ala.App. 269 , 15 So.2d 742 . … Thornton v. State, Ala.Cr.App., 356 So.2d 667 ; Lambert v. State, Ala.Cr.App., 358 So.2d 773 .

Hoagland v. State

699 So. 2d 960 · Court of Criminal Appeals of Alabama · May 24, 1996

Although this Court previously has held that a complete written order is not necessary if the order and the record together provide the requisite reasons and evidence, see Brown v. … State, 515 So.2d 146 (Ala.Cr.App.1987); Salter v. State, 470 So.2d 1360 (Ala.Cr.App.1985), the Alabama Supreme Court in Wyatt v. State, 608 So.2d 762 (Ala.1992), reiterated that a complete written order is required.

Lokos v. State

434 So. 2d 818 · Court of Criminal Appeals of Alabama · Jun 29, 1982

To my knowledge it was the first time he had been considered by the Board of Pardons and Parole. … I am aware that a delegation of citizens from this county have been to the Board of Pardons and Parole in the past.

Russell v. State

715 So. 2d 866 · Court of Criminal Appeals of Alabama · Oct 31, 1997

The dissenting opinion cites Bailey v. … All the Judges concur except BROWN, J., who dissents with opinion. BROWN, Judge, dissenting.

Ex Parte Thomas

815 So. 2d 592 · Court of Criminal Appeals of Alabama · Oct 12, 2001

See Brown v. State, 792 So.2d 441 (Ala.Crim.App.2001) and Ex parte Ferguson, [Ms. CR-99-1680, June 23, 2000] ___ So.2d ___ (Ala.Crim.App. 2000). … NOTES [1] In our recent case of Murphy v.

Carruth v. State

165 So. 3d 627 · Court of Criminal Appeals of Alabama · Mar 14, 2014

Brown v. State, 663 So.2d 1028, 1035 (Ala.Crim.App.1995). Carruth claimed that appellate counsel was ineffective for failing to raise several issues that Carruth had argued elsewhere in his petition. … Smith v. Murray, 477 U.S. 527, 536 , 106 S.Ct. 2661, 2667 , 91 L.Ed.2d 434 (1986). See also, Johnson v. State, 612 So.2d 1288, 1303 (Ala.Crim.App.1992).” Brown v. State, 663 So.2d at 1035 .

State v. Fleming

513 So. 2d 101 · Court of Criminal Appeals of Alabama · Aug 10, 1987

Bounds v. Smith, 430 U.S. 817 , 97 S.Ct. 1491 , 52 L.Ed.2d 72 (1977); Nordgren v. Milliken, 762 F.2d 851 (10th Cir.), cert. denied, 474 U.S. 1032 , 106 S.Ct. 593 , 88 L.Ed.2d 573 (1985); Cowart v. … Alcoholic Beverage Control Board v. Taylor, 339 So.2d 66, 68 (Ala.1976). Since the circuit judge acted beyond his jurisdiction, the petition for writ of mandamus is granted.

State of Alabama v. Larry Reynold Smith.

85 So. 3d 1063 · Court of Criminal Appeals of Alabama · Oct 1, 2010

See State v. … .); Armstrong [v.

Spears v. State

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

Bussey v. John Deere Co. , 531 So.2d 860 , 862 , 863 (Ala. 1988); Wilson v. Brown , 496 So.2d 756 , 758 (Ala. 1986). . . . … Cowley *Page 24 Bros. , [ Inc. v. Brown , 569 So.2d 375 (Ala. 1990)].

Ashley v. State

606 So. 2d 187 · Court of Criminal Appeals of Alabama · May 29, 1992

In Ex parte Harrell v. … No. 216 is Z.S., formerly on the jury, lives in Forestdale and works for the Board of Education. No. 73 is C.F., formerly on the jury, and by the way, also works for the Board of Education. They struck No. 58, S.D.

Allen v. State

988 So. 2d 615 · Court of Criminal Appeals of Alabama · Jun 29, 2007

Martin v. State, 687 So.2d 1253, 1256 (Ala.Crim.App.1996) (citations omitted).” Brown v. State, 784 So.2d 371, 372 (Ala.Crim.App.2000). See also Martin v. State, 687 So.2d 1253, 1256 (Ala.Crim.App.1996); Hayes v. … According to Strickland v.

Austin v. State

354 So. 2d 40 · Court of Criminal Appeals of Alabama · Oct 4, 1977

Bailes v. Guardian Realty Co. , 237 Ala. 201 , 186 So. 168 (1939); Brown v. Steele , 14 Ala. 63 (1848). Title 15, §§ 297-300 governs the procedure for taking depositions in a criminal case. … Sexton v. State , Ala.Cr.App., 346 So.2d 1177 , cert. denied, Ala., 346 So.2d 1180 (1977); C.P. Robbins Associates v. Stevens , 53 Ala. App. 432 , 301 So.2d 196 (1974); Wright v. State , 38 Ala.

RKD v. State

712 So. 2d 754 · Court of Criminal Appeals of Alabama · Sep 26, 1997

McMILLAN and BROWN, JJ., dissent. McMILLAN, Judge, dissenting. … BROWN, Judge, dissenting.

Washington v. State

57 Ala. App. 465 · Court of Criminal Appeals of Alabama · Mar 16, 1976

He stated that later Trooper Fowler and Trooper Brown and also Trooper Anderson drove up. … The rule covering this has been stated by our Supreme Court in Shadle v. State, 280 Ala. 379 , 194 So.2d 538 : “. . .

Sims v. State

386 So. 2d 767 · Court of Criminal Appeals of Alabama · May 6, 1980

App. 10 , 68 So. 690 , the Court of Appeals, per Brown, J., said: "`"Where the killing results from the intentional use of a deadly weapon — that is, a weapon which the court may pronounce such as a matter of law, such as … Gafford v. State , 125 Ala. 1 , 28 So. 406 ; Hornsby v. State , 94 Ala. 55 , 66 , 10 So. 522 ; Hadley v. State , 55 Ala. 31 , 37 ; Mitchell v. State , supra; Gibson v.

Holloway v. City of Birmingham

56 Ala. App. 545 · Court of Criminal Appeals of Alabama · Nov 18, 1975

Officer Wooten also testified that he held a permit from the State Board of Health and had been given a forty hour course, which he successfully completed in the operation of the machine in question, and that this machine … See Myrick v. Montgomery, 54 Ala.App. 5 , 304 So.2d 247 .

Lewis v. State

192 So. 3d 1178 · Court of Criminal Appeals of Alabama · Sep 18, 2015

In Kirby v. … See Lewis v. State (No.

Glenn v. State

395 So. 2d 102 · Court of Criminal Appeals of Alabama · Oct 7, 1980

Kennedy v. State , Ala.Cr.App., 373 So.2d 1274 (1979); Brown v. State , Ala.Cr.App., 366 So.2d 334 (1978); Ellenburg v. State , Ala.Cr.App., 353 So.2d 810 (1977). V During the direct examination of W.G. … Chambers v. Culver , 289 Ala. 724 , 272 So.2d 236 (1973); Arnold v. State , Ala.Cr.App., 339 So.2d 616 (1976); Brown v. State , 50 Ala. App. 702 , 282 So.2d 322 (1973).

Dougherty v. City of Moundville

949 So. 2d 188 · Court of Criminal Appeals of Alabama · Apr 28, 2006

Newsome v. State, 570 So.2d 703, 716 (Ala.Crim.App.1989). “Even constitutional claims may be waived on appeal if not specifically presented to the trial court.” Brown v. State, 705 So.2d 871, 875 (Ala.Crim.App.1997). … See Breckenridge v.