Case law

Opinions from 1658 to today.

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  • Chenault v. State

    777 So. 2d 314 · Court of Criminal Appeals of Alabama · Jun 30, 2000

    Allen v. State, 644 So.2d 45 , 46 (Ala.Crim.App. 1994) (quoting Armstrong v. State, 445 So.2d 573 , 574-575 (Ala.Crim.App. 1984)); Thompson v. State, 356 So.2d 757 (Ala.Crim.App. 1978); Goodrum v. … Peak maintains that the drug test was issued by the Alabama Board of Pardons and Paroles and that the same test was administered statewide.

    Cited 22 timesPublished
  • Devane L. Hillard v. Alabama Department of Corrections.

    93 So. 3d 983 · Court of Criminal Appeals of Alabama · Sep 30, 2011

    See Hillard v. State, 53 So.3d 165 (Ala.Crim.App.2010). … See Breach v. State, 687 So.2d 1257 (Ala.Crim.App.1996). As we stated in Graves v. State, 710 So.2d 535 (Ala.Crim.

    Cited 1 timesPublished
  • Kelly v. State

    455 So. 2d 1016 · Court of Criminal Appeals of Alabama · Aug 28, 1984

    Fielding v. State, 409 So.2d 964 (Ala.Cr.App.1981); Washington v. State, 405 So.2d 62 (Ala.Cr. App.1981). “2. … Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974); Williams v. Davis, Ala., 386 So.2d 415 (1980). II.

    Cited 1 timesPublished
  • Henderson v. State

    933 So. 2d 395 · Court of Criminal Appeals of Alabama · Oct 29, 2004

    him, an opportunity to be heard in person and to present witnesses and documentary evidence, the right to confront and to cross-examine adverse witnesses, a neutral and detached hearing body such as a traditional parole board … See Armstrong v. State , 294 Ala. 100 , 312 So.2d 620 (1975); Hernandez v. State , 673 So.2d 477 (Ala.Cr.App. 1995)." In Law v.

    Cited 4 timesPublished
  • Matthews v. State

    361 So. 2d 1195 · Court of Criminal Appeals of Alabama · Aug 29, 1978

    Queor v. State , 278 Ala. 10 , 174 So.2d 687 (1965); Bowman v. State , 44 Ala. App. 331 , *Page 1198 208 So.2d 241 (1968); Core v. State , 50 Ala. … Spears v. State , 57 Ala. App. 525 , 329 So.2d 579 , cert. denied 295 Ala. 420 , 329 So.2d 582 (1976); Impson v. State , Ala.Cr.App., 331 So.2d 837 , (1976); Cross v. State , Ala.Cr.App., 351 So.2d 698 (1977); Brown v.

    Cited 14 timesPublished
  • Coleman v. State

    642 So. 2d 532 · Court of Criminal Appeals of Alabama · Mar 25, 1994

    "In Moore v. … Thompson v. State , 504 So.2d 747 (Ala.Cr.App. 1987). "Due process requires that a state disciplinary board's decision not be made arbitrarily or capriciously, but be based upon some evidence.

    Cited 12 timesPublished
  • O'Neal v. State

    50 Ala. App. 31 · Court of Criminal Appeals of Alabama · Jan 23, 1973

    Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ; Brown v. State, 45 Ala.App. 265 , 229 So.2d 40 ; Middleton v. State, 47 Ala.App. 130 , 251 So.2d 627 . … In Jackson v.

    Cited 6 timesPublished
  • Varner v. State

    420 So. 2d 841 · Court of Criminal Appeals of Alabama · Oct 12, 1982

    Burrow, based on your experience, eight years you’ve had conducting this type of test, do you have an opinion as to whether the glass particles found in the bag, State’s Exhibit 10, the brown left shoe, as compared to State … Kozlowski v. State, 248 Ala. 304 , 27 So.2d 818 (1946); Davis v. State, Ala.Cr.App., 352 So.2d 3 , cert. denied, 352 So.2d 8 (1977); Gullatt v. State, Ala.Cr.App., 409 So.2d 466 (1982).

    Cited 2 timesPublished
  • Butler v. State

    723 So. 2d 827 · Court of Criminal Appeals of Alabama · Oct 23, 1998

    Fincher v. State, 724 So.2d 87 (Ala.Cr.App.1998). In the present case, the petition was properly summarily denied. … LONG, P.J., and COBB, BROWN, and BASCHAB, JJ., concur.

    Cited 0 timesPublished
  • State v. Fletcher

    741 So. 2d 449 · Court of Criminal Appeals of Alabama · Nov 20, 1998

    BROWN, Judge, dissenting from unpublished memorandum. … Young v. State, supra.”

    Cited 0 timesPublished
  • Snow v. State

    50 Ala. App. 381 · Court of Criminal Appeals of Alabama · Apr 3, 1973

    Brown v. State, 40 Ala.App. 226 , 112 So.2d 500 ; Durham v. State, 38 Ala.App. 341 , 83 So.2d 260 . … In Barber v.

    Cited 30 timesPublished
  • Andrews v. State

    975 So. 2d 392 · Court of Criminal Appeals of Alabama · Mar 2, 2007

    In Morrissey v. … See Law v. State , 778 So.2d 249 (Ala.Crim.App. 2000).

    Cited 2 timesPublished
  • Charles v. State

    350 So. 2d 730 · Court of Criminal Appeals of Alabama · Oct 4, 1977

    During this time Burns Brown was the laundry manager at Partlow. … In Roberts v.

    Cited 10 timesPublished
  • Sommerville v. State

    361 So. 2d 386 · Court of Criminal Appeals of Alabama · Jun 20, 1978

    Brown, Jr., Birmingham, for appellant. William J. Baxley, Atty. Gen., and Samuel J. Clenney, III, Asst. Atty. Gen., for appellee. HARRIS, Presiding Judge. … Thigpen v. State, 49 Ala.App. 233 , 270 So.2d 666 ; State ex rel. Baxley v. Strawbridge, 52 Ala. App. 685 , 296 So.2d 779 ; and State ex rel. Baxley v. Archer, Ala.Cr.App., 335 So.2d 240 .

    Cited 11 timesPublished
  • Mullins v. State

    344 So. 2d 539 · Court of Criminal Appeals of Alabama · Feb 1, 1977

    Onp of the alibi witnesses, Billy Brown, stated that he remembered the occasion because he lost $147.00 to appellant shooting pool. … In Simmons v.

    Cited 8 timesPublished
  • Mosley v. State

    54 Ala. App. 59 · Court of Criminal Appeals of Alabama · Dec 17, 1974

    Leith v. State, 206 Ala. 439 , 90 So. 687 . The trial court found the report to be utterly without foundation, and there was no error in resuming the trial and carrying it to a conclusion. … Brown v. State, 229 Ala. 58 , 155 So. 358 ; Gillis v. State, 242 Ala. 550 , 7 So.2d 563 .

    Cited 26 timesPublished
  • Perry v. State

    494 So. 2d 160 · Court of Criminal Appeals of Alabama · Jan 7, 1986

    The yardstick by which probation revocation proceedings must be measured is established by Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972). Our own Supreme Court, in Armstrong v. … We are obliged to apply the somewhat mechanistic requirement of Morrisey v. Brewer, supra, and Armstrong v. State, supra, that the reasons for revocation be set out.

    Cited 1 timesPublished
  • Parish v. State

    480 So. 2d 29 · Court of Criminal Appeals of Alabama · Jul 23, 1985

    Howard , 281 Ala. 691 , 208 So.2d 72 , 74 (1968); Pearson v. State , 343 So.2d 538 (Ala.Cr.App. 1977). See also Leach v. State , 245 Ala. 539 , 18 So.2d 289 (1944); Law v. … In Brown v.

    Cited 31 timesPublished
  • Page v. State

    57 Ala. App. 265 · Court of Criminal Appeals of Alabama · Feb 17, 1976

    Page v. State, 273 Ala. 5 , 130 So.2d 227 ; Fuller v. State, 269 Ala. 312 , 113 So.2d 153 ; Smith v. State, 40 Ala.App. 393 , 114 So.2d 295 ; Lassiter v. … Beddow v. State, 39 Ala.App. 29 , 96 So.2d 175 , cert. denied 266 Ala. 694 , 96 So.2d 178 , cert. denied 355 U. S. 930 , 78 S.Ct. 412 , 2 L.Ed.2d 414 ; Otinger v. State, 53 Ala.App, 287, 299 So.2d 333 .

    Cited 7 timesPublished
  • Morrison v. State

    687 So. 2d 1259 · Court of Criminal Appeals of Alabama · Sep 27, 1996

    Henley v. … Johnson , 885 F.2d 790 , 793-94 (11th Cir. 1989) (prisoner in Alabama prison petitioned for a writ of habeas corpus alleging that "he [was] being illegally detained by virtue of an incorrectly computed Alabama State Board

    Cited 5 timesPublished

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