Case law

Jackson v. State

68 So. 3d 201 · Court of Criminal Appeals of Alabama · Dec 18, 2009

In Saunders v. … , whenever such error has or probably has adversely affected the substantial right of the appellant.” “ ‘Plain error is defined as error that has “adversely affected the substantial right of the appellant.” ’ ” Ex parte Brown

Bell v. State

518 So. 2d 840 · Court of Criminal Appeals of Alabama · Oct 13, 1987

V Citing McCleskey v. … Harden has served as executive vice-president of the Alabama Criminal Defense Lawyers' Association, and on the Board of Governors of the Alabama Trial Lawyers Association.

Adkins v. State

930 So. 2d 524 · Court of Criminal Appeals of Alabama · Mar 26, 2004

See Grau ; Brown v. State, 677 So.2d 1266 (Ala.Crim.App.1996); Smith v. State, 665 So.2d 954 (Ala.Crim. App.1994); Hellums v. … See California v. Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987); Goad [v. State ], 938 S.W.2d [363] at 369 [(Tenn.1996)]. . . .

Henderson v. State

584 So. 2d 841 · Court of Criminal Appeals of Alabama · Aug 3, 1990

Brown v. State, 393 So.2d 513, 516 (Ala.Cr. App.1981). "It is well established that no legal standard exists to judge the prejudicial qualities of alleged improper comments by either party. … State v. Kenyon, Inc., 153 S.W.2d 195 (Tex.Cir.App.1941). See also State v. Welch & Brown, 187 Okl. 470, 471 , 103 P.2d 533, 534 (1940). "`The element of price or reward is inherent in the word "hire."

Powell v. State

624 So. 2d 220 · Court of Criminal Appeals of Alabama · Mar 26, 1993

In Gibson v. … In Edwards v.

Atwell v. State

594 So. 2d 202 · Court of Criminal Appeals of Alabama · Sep 20, 1991

At this curve, Deputy Lee found a brown "garbage-type sack." In this sack were five smaller, clear plastic bags, each containing "about a pound of green plant material that [Lee] identified to be marijuana." … State v.

Starks v. State

594 So. 2d 187 · Court of Criminal Appeals of Alabama · Sep 20, 1991

Thomas v. … Compare Brown v. State , 545 So.2d 106 , 109 (Ala.Cr.App. 1988) (evidence of plan to kill), affirmed, 545 So.2d 122 (Ala.), cert. denied, 493 U.S. 900 , 110 S.Ct. 257 , 107 L.Ed.2d 206 (1989).

Dolvin v. State

391 So. 2d 666 · Court of Criminal Appeals of Alabama · Oct 30, 1979

However, of the items taken only three revealed the presence of human blood: a cap, a brown paper bag and a map. The stains on each item were very small and the blood could not be typed. … Kilgore v. State , 74 Ala. 1 , 9 (1883); Porter v. State , 55 Ala. 95 , 107 (1876).

T.L.S. v. State

153 So. 3d 829 · Court of Criminal Appeals of Alabama · Jun 7, 2013

Cochran v. … Ex parte Board of Zoning Adjustment of the City of Mobile, 636 So .2d 415 (Ala.1994).” Ex parte Agee, 669 So.2d 102, 104 (Ala.1995). See R.L.L. v. State, 564 So.2d 474, 476 (Ala.Crim.App.1990); C.D.U. v.

K.E.H. v. State

740 So. 2d 469 · Court of Criminal Appeals of Alabama · Aug 14, 1998

BROWN, Judge. The appellant, K.E.H., was charged in two delinquency petitions with the capital murder of Loy Harper. … M.D. v. State, 701 So.2d 58, 59-60 (Ala.Cr.App.1997). (Some emphasis added; some emphasis original.) The term “mentally retarded” is not defined in Chapter 15 of *471 Title 12, see B.C.B. v.

Rogers v. State

365 So. 2d 322 · Court of Criminal Appeals of Alabama · Oct 3, 1978

Brown v. McKnight , 216 Ala. 660 , 114 So. 40 . In Porter v. State , 27 Ala. App. 441 , 174 So. 313 , this court noted that an act of the legislature superceded any local rule of court that was contrary to it. … Sparks v. State , 46 Ala. App. 357 , 242 So.2d 403 ; U.S. v. Bolton , 438 F.2d 1219 ; Hannon v. State , 284 Ala. 487 , 226 So.2d 90 ; Robinson v. State , Ala.Cr.App., 337 So.2d 1382 ; Sowells v.

Walker v. State

369 So. 2d 814 · Court of Criminal Appeals of Alabama · Mar 7, 1978

In King v. … Those cases were the basis of authority for this court to reverse the conviction in Brown v. State, 42 Ala.App. 125 , 154 So.2d 758 (1963) where only a general objection was made.

Smitherman v. State

521 So. 2d 1050 · Court of Criminal Appeals of Alabama · Sep 8, 1987

See Jones v. State , 521 So.2d 1063 (Ala.Cr.App. 1987). In Geeslin v. … Brown , 582 F.2d 197 , 200 (2d Cir. 1978), for the following proposition: "Under Brady , the Government may not withhold material exculpatory evidence specifically requested by the defense. . . .

Magwood v. State

426 So. 2d 918 · Court of Criminal Appeals of Alabama · May 18, 1982

Dolvin v. State , 391 So.2d 666 (Ala.Cr.App. 1979), affirmed , 391 So.2d 677 (Ala. 1980); Speigner v. State , 367 So.2d 590 (Ala.Cr.App.), cert. denied , 367 So.2d 597 (Ala. 1979). … Thigpen v. State , 372 So.2d 385 (Ala.Cr.App.), cert. denied , 372 So.2d 387 (Ala. 1979); Brown v. State , 392 So.2d 1248 (Ala.Cr.App. 1980), cert. denied , 392 So.2d 1266 (Ala. 1981); Johnson v.

Seymore v. State

429 So. 2d 1188 · Court of Criminal Appeals of Alabama · Mar 29, 1983

month 7 days "3 Time remaining to be served on the sentence: 29 yrs, 10 months, 23 days. "4 The amount of good time earned: Not Elig. "5 The date of parole eligibility of the prisoner: Prob. 3-6-93 "6 The decisions of the Board … McElroy's Alabama Evidence, Third Edition , 69.01 (8); Thomas v. State , Ala.Cr.App. 409 So.2d 955 ; Nichols v. State , Ala.Cr.App. 422 So.2d 804 . Cheatham v. State , 431 So.2d 1350 , 3-1-83; (Ala.Cr.App.).

Ex Parte Birmingham News Co., Inc.

624 So. 2d 1117 · Court of Criminal Appeals of Alabama · Jun 18, 1993

Doe, 612 So.2d 549, 553 (Fla.1992); People v. Brown, 178 A.D.2d 280 , 577 N.Y.S.2d 380 (1991), appeal denied, 79 N.Y.2d 918 , 582 N.Y.S.2d 78 , 590 N.E.2d 1206 (1992); Commonwealth v. … Hunt v.

MD v. State

701 So. 2d 58 · Court of Criminal Appeals of Alabama · Feb 28, 1997

Brown v. State, 353 So.2d 1384, 1387-88 (Ala.1977). At the probable cause phase, the court must find that `a reasonable man would believe the crime occurred and that the defendant committed it.' Duncan v. … Gothard v. *65 State, 452 So.2d 889 (Ala.Crim.App.1984); Persons v. State, 339 So.2d 1092, 1094 (Ala. Crim.App.1976).

Mester v. State

755 So. 2d 66 · Court of Criminal Appeals of Alabama · Oct 29, 1999

See State v. … "A typical certificate reads: `I Jimmy Bob Bohannon, hereby certify that I am the Director of the Department of Vital Statistics for the Alabama State Board of Health and that the attached document is a true and accurate

Yates v. State

227 So. 3d 1240 · Court of Criminal Appeals of Alabama · Jul 8, 2016

Bailey v. … “State v. Brown, 569 N.W.2d 113, 117 (Iowa 1997) (citations omitted).” State v. Most, 578 N.W.2d 250, 253-54 (Iowa Ct.App.1998).

Hereford v. State

608 So. 2d 439 · Court of Criminal Appeals of Alabama · Sep 18, 1992

Slater v. State , 26 Ala. … In that case, an agent of the National Board of Fire Underwriters, holding a commission from the state fire marshall, interviewed in his official capacity, the incarcerated defendant several days after a barn was burned.