Case law

Bui v. State

717 So. 2d 6 · Court of Criminal Appeals of Alabama · Sep 26, 1997

McMILLAN, BROWN and BASCHAB, JJ., concur. … State v.

Apicella v. State

809 So. 2d 841 · Court of Criminal Appeals of Alabama · Jun 30, 2000

See Hall v. … mitigating circumstance under Section 13A-5-51(1) to be present, to-wit: the defendant has no significant history of prior criminal activity because according to the pre-sentence investigation as prepared by the Alabama Board

Yeomans v. State

898 So. 2d 878 · Court of Criminal Appeals of Alabama · Feb 27, 2004

V . … See, e.g., Brown v. Ohio , 432 U.S. 161 , 168-169 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977); Blockburger v. United States , 284 U.S. 299 , 304 , 52 S.Ct. 180 , 76 L.Ed. 306 , (1932) (multiple punishment); Gavieres v.

Benjamin Young v. State of Alabama

Court of Criminal Appeals of Alabama · Mar 24, 2023

"[A] tactical decision will not form the basis for an ineffective assistance of counsel claim unless it was 'so patently unreasonable that no competent attorney would have chosen it.' " Brown v. … She is also board certified in clinical neuropsychology. Dr. Walker explained that neuropsychology 'looks after those relationships between the brain and behavior.' And, importantly, Dr.

Peraita v. State

897 So. 2d 1161 · Court of Criminal Appeals of Alabama · May 30, 2003

California v. Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987); Ex parte Henderson, 616 So.2d 348 (Ala.1992); Haney v. … State, 630 So.2d 78 (Ala.Crim.App.1991), rev'd, 630 So.2d 88 (Ala.), on remand, 638 So.2d 1347 (Ala.Crim.App.1992), aff'd, 638 So.2d 1360 (Ala.1993); Brown v.

State v. Gamble

63 So. 3d 707 · Court of Criminal Appeals of Alabama · Oct 1, 2010

Penry v. … The house was filthy, she said, and you could see through the floor boards. Dunn also testified concerning Lois’s mental problems growing up and her difficulty reading.

Dominique Ray v. State of Alabama.

80 So. 3d 965 · Court of Criminal Appeals of Alabama · Feb 4, 2011

In Jones v. … Specifically, he asserts that counsel failed to use statements by three witnesses that the victim was last seen getting into a brown car—when Ray’s vehicle at the time of the murder was green.

Deardorff v. State

6 So. 3d 1205 · Court of Criminal Appeals of Alabama · Jun 25, 2004

Bankhead v. … See Brown v. United States, 411 U.S. 223, 230 (1973); Simmons v. United States, 390 U.S. 377, 389 (1968); Wong Sun v. United States, 371 U.S. 471, 492 (1963); cf. Silverman v.

Burgess v. State

811 So. 2d 557 · Court of Criminal Appeals of Alabama · Dec 18, 1998

See Smith v. State, 756 So.2d 892, 945-46 (Ala.Cr.App.); and Williams, 710 So.2d at 1347. See also California v. Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987). … McMILLAN, COBB, BROWN, and BASCHAB, JJ., concur.

Poole v. State

846 So. 2d 370 · Court of Criminal Appeals of Alabama · Apr 26, 2002

In Tyler v. … Justice Brown in Spooney v.

Harris v. State

947 So. 2d 1079 · Court of Criminal Appeals of Alabama · May 27, 2005

California v. Brown, 479 U.S. 538, 545 (1987) (O'Connor, J., concurring specially)." Ex parte Smith, [Ms. 1010267, March 14, 2003] ___ So.2d ___, ____ (Ala.2003). … Loring is a "Board Certified Expert in Traumatic Stress with a Diplomate in the American Academy of Experts in Traumatic Stress." (Rule 32 hearing, vol. 16, p. 240.) She spent 30 hours examining Harris.

Thomas v. State

373 So. 2d 1149 · Court of Criminal Appeals of Alabama · May 8, 1979

Judge Bowen, speaking for this Court in Alexander v. … See Boulden v. State, 278 Ala. 437 , 179 So.2d 20 ; and Jones v. State, 50 Ala.App. 36 , 276 So.2d 621 , and authorities therein cited.

Culver v. State

22 So. 3d 499 · Court of Criminal Appeals of Alabama · May 30, 2008

K.W. said that her mother pushed the syringe and that Vaseline-brand petroleum jelly and a brown pill came out. According to K.W., she and her mother also found Vaseline on the headboard of KW.’s bed. … V.

Joseph Clarence Cox v. State of Alabama

Court of Criminal Appeals of Alabama · Dec 19, 2025

[v. … See, e.g., Price v. Haney, 562 F.

Smith v. State

838 So. 2d 413 · Court of Criminal Appeals of Alabama · Feb 1, 2002

See Brown v. State, 545 So.2d 106 (Ala.Crim.App. 1999) (wherein this Court concluded that the Alabama Supreme Court's decision in Dawson v. … Brown v. State, 545 So.2d 106, 114-15 (Ala.

Adams v. State

955 So. 2d 1037 · Court of Criminal Appeals of Alabama · Dec 2, 2003

See Ray v. State, supra; Smith v. State, supra." 908 So.2d at 237-38 . V. … Brown's infant son and the impact of Ms. Brown's death on her family, and the prosecution's limited references to such evidence, did not operate to deny Land a fair trial or to prejudice his substantial rights.

Nicholas Noelani D. Smith v. State of Alabama (Appeal from Calhoun Circuit Court: CC-11-494.80)

Court of Criminal Appeals of Alabama · Jun 28, 2024

From an exterior trash can, officers recovered: a pair of Nike Air Jordan basketball shoes, which had dried mud and vegetation stuck on the soles and several reddish-brown stains on the uppers; cardboard packaging … Smith, citing Roper v.

Sockwell v. State

675 So. 2d 4 · Court of Criminal Appeals of Alabama · Dec 30, 1993

Haney v. … Browning v. State, 607 So.2d 339, 342 (Ala.Crim.App.1992). Because no actual conflict of interests existed in this case, prejudice is not presumed.

Harvey L. Windsor v. State of Alabama.

89 So. 3d 805 · Court of Criminal Appeals of Alabama · Aug 7, 2009

Baxter v. … For example, the pre-sentencing report prepared by the Board of Pardons and Paroles includes facts relevant to Mr. Windsor’s mental history; facts that should have been discovered by trial counsel.

Martin v. State

931 So. 2d 736 · Court of Criminal Appeals of Alabama · May 30, 2003

Ingram v. … When the State's lead prosecutor boarded the bus, one of the remaining seats was beside the trial judge. The prosecutor offered the seat to one of Martin's attorneys, who declined.