Case law

Jason Michael Osborn v. State of Alabama

Court of Criminal Appeals of Alabama · Jun 26, 2026

U.S. v. Brown, 546 F.2d 166 (5th Cir. 1977); Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 705 (1967); Beecher v. … The five members of the Board continued to act under their original appointments. They lawfully sat in judgment as de facto officers and Board members."); Walker v.

Jason Michael Osborn v. State of Alabama

Court of Criminal Appeals of Alabama · Jun 26, 2026

U.S. v. Brown, 546 F.2d 166 (5th Cir. 1977); Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 705 (1967); Beecher v. … The five members of the Board continued to act under their original appointments. They lawfully sat in judgment as de facto officers and Board members."); Walker v.

Edwards v. State

452 So. 2d 487 · Court of Criminal Appeals of Alabama · Jun 29, 1982

Davis v. State, 401 So.2d 187 (Ala.Cr.App.), cert. denied, 401 So.2d 190 (Ala.1981); Travis v. State, 397 So.2d 256 (Ala.Cr.App.), cert. denied, 397 So.2d 265 (Ala.1981); Brown v. State, 392 So.2d 1248 (Ala.Cr. … State Board of Corrections 1) Drunk and Sentenced 10 Days Indefinite.

In Re State of Ala.

1 So. 3d 1084 · Court of Criminal Appeals of Alabama · Jul 3, 2008

Cain v. Board of Commissioners of the Alabama State Bar, 345 So.2d 1343, 1346 (Ala.1977). … Browning v. Carpenter, 596 So.2d 906 (Ala.1992). It is illogical to suggest that the transcript used to support an appeal to this Court from the Bar’s Disciplinary Board is not an official transcript.

Prince v. State

392 So. 2d 853 · Court of Criminal Appeals of Alabama · Aug 19, 1980

See, Bush v. State , Ala.Cr.App., 333 So.2d 186 (1976); Royals v. State , 36 Ala. App. 11 , 56 So.2d 363 , affirmed, 256 Ala. 390 , 56 So.2d 368 (1951); United States v. McDonald , 606 F.2d 552 (5th Cir. 1979). … Morgan v. State, supra; Reese v. State , Ala.Cr.App., 381 So.2d 107 (1980); Barnett v. State , Ala.Cr.App., 348 So.2d 512 (1977); McLendon v. State , Ala.Cr.App., 341 So.2d 174 (1976).

Wilson v. State

695 So. 2d 195 · Court of Criminal Appeals of Alabama · Aug 23, 1996

The ambulance crew strapped her to a wooden board and immobilized her neck. She was taken by ambulance to the hospital emergency room. … State , 398 So.2d 777 , 778-79 (Ala.Cr.App. 1981) ("Brown, armed with a club, robbed the attendant at the Racetrac Service Station . . . and . . . as Brown and the defendant were making their escape, Brown clubbed the attendant

Key v. State

55 Ala. App. 232 · Court of Criminal Appeals of Alabama · Apr 1, 1975

Ida Brown, Mrs. Patsy Hill and Mr. David Paul Frederick. Mrs. Brown testified she lived about three-fourths of a mile from the Burkes, that the truck passed her house back and forth at least twice. Mrs. … Thomas v. State, 111 Ala. 51 , 20 So. 617 ; Lewis v. State, 4 Ala.App. 141 , 58 So. 802, 803 ; Lucas v. State, 144 Ala. 63 , 39 So. 821 ; Jones v. State, 17 Ala.App. 283, 284 , 84 So. 627 ; Smelcher v.

Washington v. State

415 So. 2d 1175 · Court of Criminal Appeals of Alabama · Mar 2, 1982

Crenshaw saw a brown Nova automobile parked behind some bushes on the back road leading into the cemetery. As Mr. … Palmore v. State, 283 Ala. 501 , 218 So.2d 830 (1969). Photographs of the deceased in a murder prosecution are not required to be *1181 taken only at the scene and may be taken at the morgue as well. Brown v.

Rock v. State

558 So. 2d 967 · Court of Criminal Appeals of Alabama · Sep 29, 1989

The appellant called her over to the diving board. He told her they were going to do what is called “sixty-nine,” which he proceeded to do. … BROWN: We object. “THE COURT: Sustained. “Q. What about all these hate letters that were mailed out; did you mail those out? “MR. BROWN: We object. “THE COURT: Sustained. “Q. What about his brother’s divorce.

Jones v. State

52 Ala. App. 184 · Court of Criminal Appeals of Alabama · Feb 12, 1974

She stated that she had been drinking heavily when defendant came into the Brown Dot Social Club. … Townsell v. State, 255 Ala. 495 , 52 So.2d 186 ; Brown v. State, 229 Ala. 58 , 155 So. 358 ; Cronnon v. State, 46 Ala.App. 632 , 247 So.2d 387 .

McFadden v. State

854 So. 2d 160 · Court of Criminal Appeals of Alabama · Nov 22, 2002

v. … State , 636 So.2d 696 (Ala.Crim.App. 1993): "Due process requires that the decision of the state disciplinary board or a hearing officer not be made arbitrarily or capriciously, but be based upon some evidence.

Cooper v. City of Dauphne

54 Ala. App. 555 · Court of Criminal Appeals of Alabama · Apr 1, 1975

Justice Brown, then Presiding Judge of the old Court of Appeals, said: “And it is well settled, unless by statute so required, courts do not take judicial notice of the ordinances and by-laws of municipal corporations. sfs … violation of the ordinance, but must set out the provisions of the ordinance or the substance thereof and aver that the ordinance was duly adopted and ordained, prior to the commission of the offense, by the proper official board

Herrin v. State

349 So. 2d 103 · Court of Criminal Appeals of Alabama · Jun 7, 1977

Bassett v. State , 290 Ala. 259 , 275 So.2d 720 . See: Devaney v. State , 55 Ala. App. 408 , 316 So.2d 239 . … Compare: Daniels v. State , 290 Ala. 316 , 276 So.2d 441 . III Under Coolidge v.

Wooldridge v. State

489 So. 2d 703 · Court of Criminal Appeals of Alabama · May 13, 1986

There was also a large black garbage bag which was approximately half full of brown leafy material. … “In German v.

Kelley v. State

519 So. 2d 1368 · Court of Criminal Appeals of Alabama · Mar 10, 1987

Kelley v. State, 405 So.2d 728, 729 (Ala. Cr.App.), cert, denied, Ex parte Kelley, 405 So.2d 731 (Ala.1981).” Brown v. State, 492 So.2d 661, 663 (Ala.Cr. App.1986). See also Proctor v. … Minor v. State, 402 So.2d 1121 (Ala.Cr.App. 1981); Grey v. State, 369 So.2d 889 (Ala. Cr.App.1979); Brown v. State, 366 So.2d 334 (Ala.Cr.App.1978); Woods v.

Lykes v. State

709 So. 2d 1335 · Court of Criminal Appeals of Alabama · Aug 22, 1997

BROWN, J., concurs specially with opinion. *1338 BROWN, Judge, concurring specially. … As this Court stated in Fortier v.

State v. Cheatwood

267 So. 3d 882 · Court of Criminal Appeals of Alabama · Jul 13, 2018

Stiles v. Brown , 380 So.2d 792 , 794 (Ala. 1980) (citations omitted). … Brown , 460 U.S. 730 , 741, 103 S.Ct. 1535 , 1542, 75 L.Ed.2d 502 (1983) ) ). In Poole v.

Land v. State

678 So. 2d 201 · Court of Criminal Appeals of Alabama · Jan 13, 1995

Texas v. Brown , 460 U.S. 730 , 742 , 103 S.Ct. 1535 , 1543 , 75 L.Ed.2d 502 (1983) (quoting Carroll v. United States , 267 U.S. 132 , 162 , 45 S.Ct. 280 , 288 , 69 L.Ed. 543 (1925)). … Brown v. State , 588 So.2d 551 , 559 (Ala.Cr.App. 1991). There was no plain error in the admission of Higgins's testimony.

Baldwin v. State

456 So. 2d 117 · Court of Criminal Appeals of Alabama · Nov 1, 1983

The court, in affirming the defendant's sentence of death, relied heavily on a Florida Supreme Court case, Brown v. State , 381 So.2d 690 (Fla. 1980). … Hargrave v. State , supra; State v. Dixon , 283 So.2d 1 (Fla. 1973)." Brown v. State , supra. In Witt , the court distinguished another case, Goode v.

Conners v. State

837 So. 2d 319 · Court of Criminal Appeals of Alabama · Nov 30, 2001

See also Fincher v. … Smelcher v. State, 520 So.2d 229 (Ala.Crim.App.1987); Abbott v. State, 494 So.2d 789 (Ala.Crim.App.1986).