Case law

Stephens v. State

580 So. 2d 11 · Court of Criminal Appeals of Alabama · Aug 3, 1990

Brown, are vague and very indecisive answers. For instance, Mrs. Hayes, number 19 strike, number 40 on the venire list, stated that she knew Mrs. … Warner v. State, supra , slip op. at 8; Powell v. State, supra , 548 So.2d at 593. Thus, the prosecutor's removal of Ms. Brown (number 18) was proper.

Hollis v. State

380 So. 2d 409 · Court of Criminal Appeals of Alabama · Feb 5, 1980

This time, according to the victim's testimony, the defendant got out and at knife point, plus verbal threats, forced the victim to get on the front seat and put her dog on the front floor board. … McQuirk v. State , 84 Ala. 435 , 4 So. 775 (1); See also 16A Alabama Digest, Rape 40 (3).

McCoo v. State

921 So. 2d 446 · Court of Criminal Appeals of Alabama · Jun 25, 2004

In Evans v. State , 794 So.2d 1234 , 1236-37 (Ala.Crim.App. 2000), we stated: "Even constitutional issues must be properly preserved for appellate review. Brown v. State , 705 So.2d 871 , 875 (Ala.Crim.App. 1997). … See Coleman v.

Hallford v. State

629 So. 2d 6 · Court of Criminal Appeals of Alabama · Dec 10, 1993

Browning v. State , 607 So.2d 339 , 340 (Ala.Cr.App. 1992). Cuyler v. Sullivan , 446 U.S. 335 , 344 , 100 S.Ct. 1708 , 1716 , 64 L.Ed.2d 333 (1980). … Williams v. State , 627 So.2d 985 (Ala.Cr.App. 1991); Harrell v.

Hill v. State

381 So. 2d 206 · Court of Criminal Appeals of Alabama · Dec 4, 1979

He then saw defendant proceed up the steps with the placard, and he was met on the steps by the chairman of the Board of Ushers, Mr. Fred Waldo. Mr. … Murdock v.

Green v. State

591 So. 2d 576 · Court of Criminal Appeals of Alabama · Aug 23, 1991

Sankey v. State , 568 So.2d 366 (Ala.Crim.App. 1990); Cole v. State , 548 So.2d 1093 (Ala.Crim.App. 1989); Davis v. … Brown v. State , 492 So.2d 661 (Ala.Crim.App. 1986); Proctor v. State , 391 So.2d 1092 (Ala.Crim.App. 1980).

Williams v. State

579 So. 2d 71 · Court of Criminal Appeals of Alabama · Mar 29, 1991

Attorney General, (In Re: Eddie Dean Wilcox v. … However, in Turner v.

Newman v. State

728 So. 2d 672 · Court of Criminal Appeals of Alabama · Aug 14, 1998

Newman v. State, 667 So.2d 132 (Ala.Cr.App.1992). On May 21, 1993, however, the Alabama Supreme Court reversed this court’s judgment and remanded the case to this court. Newman v. State, 667 So.2d 137 (Ala.1993). … See Chambers v. *673 State, 627 So.2d 1100 (Ala.Cr.App.1993).

Latham v. State

56 Ala. App. 234 · Court of Criminal Appeals of Alabama · Feb 18, 1975

Pirkle, supra, afterwards became beclouded upon consideration of a previous opinion of the Court of Appeals, in Hendrix v. State, 17 Ala.App. 116 , 82 So. 564 , written by then Judge Joel B. Brown, afterwards Mr. … There was concurrence by all of the other justices sitting in the case other than Justice Brown, who dissented on authority of "Hendrix v. State, . . . and cases therein cited.”

Watters v. State

371 So. 2d 456 · Court of Criminal Appeals of Alabama · Apr 17, 1979

Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966) and subsequent cases, followed particularly in Alabama in Pierce v. State, 52 Ala.App. 422 , 293 So.2d 483 (1974) and Edgerson v. State, 53 Ala. … White v. State, Ala.Cr.App., 352 So.2d 29 , (1977). It is also material and relevant upon the question of the relative gravity of the offense that would tend to aid in determining the punishment to be imposed. Brown v.

Kellett v. State

577 So. 2d 915 · Court of Criminal Appeals of Alabama · Sep 21, 1990

Momingstar v. State, 59 Ala. 30, 34 (1877); Carter v. State, 55 Ala. 181 (Ala.1876). … Corp. v. Lopez, 217 Ark. 203 , 229 S.W.2d 228 (1950).” Bryant v. Moss, 295 Ala. 339 , 329 So.2d 538, 541 (1976).

Hughes v. State

518 So. 2d 890 · Court of Criminal Appeals of Alabama · Nov 24, 1987

Neither the trial courts nor the Pardons and Parole Board has the power to reduce or suspend the mandated sentence. Williams v. State , 420 So.2d 91 (Ala.Cr.App. 1982)." See also Roberts v. … State , 482 So.2d 1293 , 1295 (Ala.Cr.App. 1985); Eldridge v. State , 418 So.2d 203 , 207 (Ala.Cr.App. 1982); Wheatt v. State , 410 So.2d 479 , 484 (Ala.Cr.App. 1982). Furthermore, in the recent case of State 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 .

Standford v. State

442 So. 2d 167 · Court of Criminal Appeals of Alabama · Oct 4, 1983

Taylor v. State, 291 Ala. 756, 760 , 287 So.2d 901 (1973); Bass v. State, 417 So.2d 582, 583 (Ala.Cr.App.), cert. denied, Ex parte Bass, 417 So.2d 588 (Ala.1982); McKinnis v. … United States v. Brown, 663 F.2d 229, 231 (D.C.Cir.1981) (involving a motion to suppress evidence obtained by a warrantless search).

Biddie v. State

516 So. 2d 837 · Court of Criminal Appeals of Alabama · Jan 13, 1987

United States v. Brown , 555 F.2d 407 , 420 (5th Cir. 1977); United States v. Tobias , 662 F.2d 381 , 388 (5th Cir. 1981); United States v. Smith , 700 F.2d 627 , 633 (11th Cir. 1983). … Cupp v. Naughten , 414 U.S. 141 , 146-47 , 94 S.Ct. 396 , 400 , 38 L.Ed.2d 368 (1973); Brown , supra, at 417 ; United States v. Polowichak , 783 F.2d 410 , 416 (4th Cir. 1986).

Williams v. State

600 So. 2d 432 · Court of Criminal Appeals of Alabama · Feb 28, 1992

In Grady v. … Ready v. State , 574 So.2d 894 (Ala.Cr.App. 1990), cert. denied , 574 So.2d 894 (Ala. 1991); Brown v.

Davis v. State

570 So. 2d 791 · Court of Criminal Appeals of Alabama · Jun 29, 1990

The evidence tended to show that from February until the end of May 1988, Agent Claude Cosey of the ABC Board was working undercover in Covington County, Alabama. … In the case at bar, Harrison, although unaware that he was helping with an undercover operation, was clearly acting as an agent of the ABC Board.

Ex Parte State of Alabama

877 So. 2d 635 · Court of Criminal Appeals of Alabama · Oct 10, 2003

v. … “In Clemmons v.

Dill v. State

723 So. 2d 787 · Court of Criminal Appeals of Alabama · May 29, 1998

Lambert v. … McMILLAN and BROWN, JJ., recuse.

Hand v. State

703 So. 2d 1020 · Court of Criminal Appeals of Alabama · Jun 20, 1997

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.” Bridges v. State, 636 So.2d 696, 696-97 (Ala.Cr.App.1993).