Case law

McGahee v. State

554 So. 2d 454 · Court of Criminal Appeals of Alabama · May 12, 1989

Butler v. State, 373 So.2d 347, 349 (Ala. Crim.App.1979). Duncan testified that she saw the appellant "at" Brown and saw that Brown was naked from the waist down. … Compare State v.

Hall v. State

681 So. 2d 247 · Court of Criminal Appeals of Alabama · Mar 24, 1995

The Alabama Supreme Court in Wyatt v. State , 608 So.2d 762 (Ala. 1992), resolved any doubt regarding this issue: "In Armstrong v. … See Brown v. State , 515 So.2d 146 (Ala.Crim.App. 1987); Salter v. State , 470 So.2d 1360 (Ala.Crim.App. 1985).

German v. State

492 So. 2d 622 · Court of Criminal Appeals of Alabama · Jul 18, 1986

He observed a brown paper sack lying on the floor board of the passenger side. Byrd picked this paper sack up, looked inside it, and observed what appeared to be a large quantity of marijuana. … See McCraney v. State , 381 So.2d 102 (Ala.Cr.App. 1980), Chandler v. State , 426 So.2d 477 (Ala.Cr.App. 1982). Under United States v. Salvucci , 448 U.S. 83 , 100 S.Ct. 2547 , 65 L.Ed.2d 619 (1980), and Rakas v.

Baskin v. State

856 So. 2d 951 · Court of Criminal Appeals of Alabama · Jan 31, 2003

v. … State , 636 So.2d 696 (Ala.Crim.App. 1993): "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.

DeGruy v. State

56 Ala. App. 521 · Court of Criminal Appeals of Alabama · Mar 18, 1975

The Fifth Circuit in Brown v. … In Radke v.

Mays v. City of Prattville

402 So. 2d 1114 · Court of Criminal Appeals of Alabama · Aug 4, 1981

App. 15 , 81 So. 351 , the late Justice Brown, then Presiding Judge of the 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 … 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

Yessick v. State

364 So. 2d 365 · Court of Criminal Appeals of Alabama · Jul 25, 1978

Kearley, and we fail to find any testimony that brings the malt or brewed beverage allegedly sold to defendant within the definition of Title 29, Section l(i), supra. *367 We observed in Brown v. … See: Loggins v. State, 52 Ala.App. 204 , 290 So.2d 665 , wherein we cited Melton v. State, 45 Ala. 56 . We said: “The Supreme Court in Melton v.

Ray v. State

484 So. 2d 524 · Court of Criminal Appeals of Alabama · Oct 22, 1985

See Iannelli v. United States, 420 U.S. 770, 785 , 95 S.Ct. 1284, 1293 , 43 L.Ed.2d 616 (1975); Brown v. State, 367 So.2d 557 (Ala.Cr.App.1978), cert. denied, 367 So.2d 559 (Ala.1979). “In Colston v. … See Clift v. State, supra; Brown v. State, supra; Robinson v. State, 428 So.2d 167 (Ala.Cr.App.1982); Terrell v. State, 429 So.2d 656 (Ala.Cr.App.1982).

Spears v. State

57 Ala. App. 525 · Court of Criminal Appeals of Alabama · Feb 3, 1976

He stated the driver had on a camouflaged hunting hat and had fairly long brown hair. … In McCay v.

Royer v. State

542 So. 2d 1301 · Court of Criminal Appeals of Alabama · Apr 26, 1988

Trooper Smith is certified by the State Board of Health to perform such a test. … Brown's case, 63 Ala. 97 ; Adams v. Coe, 123 Ala. 664 , 26 South. 652 ...' Nolen v. Jones, 200 Ala. 577, 578 , 76 So. 935 (1917). "Criminal charges brought by affidavit and warrant are `in a large measure informal.'

Touart v. State

562 So. 2d 625 · Court of Criminal Appeals of Alabama · Aug 25, 1989

Harris v. State , 22 Ala. App. 121 , 113 So. 318 (1927); Foster v. State , 37 Ala. App. 213 , 66 So.2d 204 (1953)." Williams v. State , 520 So.2d 179 , 181 (Ala.Cr.App. 1987). … Brown v. State , 374 So.2d 391 (Ala. Cr. App), affirmed, 374 So.2d 395 (Ala. 1979).

Jeter v. State

339 So. 2d 91 · Court of Criminal Appeals of Alabama · Aug 24, 1976

Brown's testimony was amply corroborated by these witnesses' testimony. Tolbert v. State , 294 Ala. 738 , 321 So.2d 227 ; Sorrell v. State , 249 Ala. 292 , 31 So.2d 82 . … Cross v. State , 68 Ala. 476 ; Barnett v. State , 52 Ala. App. 260 , 291 So.2d 353 , and authorities cited therein.

Thomas v. State

356 So. 2d 210 · Court of Criminal Appeals of Alabama · Mar 8, 1977

Jemison v. State , 40 Ala. App. 581 , 120 So.2d 748 (1960); Oury v. State , 53 Ala. App. 240 , 298 So.2d 661 (1974); Gandy v. State , 49 Ala. App. 123 , 269 So.2d 141 (1972); Green v. State , 42 Ala. … Robinson v. State , 243 Ala. 684 , 11 So.2d 732 (1943); Chancellor v. State , 38 Ala. App. 89 , 80 So.2d 313 (1954); Aaron v. State , *Page 213 271 Ala. 70 , 122 So.2d 360 (1960). See also, Dennison v.

Deutcsh v. State

610 So. 2d 1212 · Court of Criminal Appeals of Alabama · Jul 24, 1992

That promotion was according to the rules and regulations of the Jefferson County Personnel Board and was not under the control of the police department. Diane Brown testified that Lt. … Diane Brown stated that she observed Janice Brown rewriting a docket page during this time. Stone, Howell, and Lee remained in the control area with Diane Brown for just "a few minutes." R. 744.

Daniel v. State

623 So. 2d 438 · Court of Criminal Appeals of Alabama · May 7, 1993

Morgan v. State , 589 So.2d 1315 , 1317 (Ala.Crim.App. 1991); Jackson v. State , 516 So.2d 726 , 752 (Ala.Crim.App. 1985). … Crittenden v. State , 414 So.2d 476 , 482 (Ala.Crim.App. 1982); Hope v. State , 381 So.2d 676 (Ala.Crim.App. 1980).

Hollins v. State

737 So. 2d 1056 · Court of Criminal Appeals of Alabama · Apr 30, 1999

See Armstrong v. State, 294 Ala. 100 , 312 So.2d 620 (1975); Hernandez v. State, 673 So.2d 477 (Ala.Cr. App.1995). In Leonard v. … LONG, P.J., and COBB, BROWN, and BASCHAB, JJ., concur. On Return to Remand McMILLAN, Judge.

Pike v. State

340 So. 2d 865 · Court of Criminal Appeals of Alabama · Oct 5, 1976

Myhand v. State, 259 Ala. 415 , 66 So.2d 544 ; Phillips v. State, 248 Ala. 510 , 28 So.2d 542 ; Hines v. State, 260 Ala. 668 , 72 So.2d 296 ; Duncan v. State, 278 Ala. 145 , 176 So.2d 840 . Womack v. … Luschen v. State, 51 Ala.App. 255 , 284 So.2d 282 . In McCarroll v.

Barnett v. State

639 So. 2d 527 · Court of Criminal Appeals of Alabama · Aug 13, 1993

The appellant specifically argues that the requirements of United States v. Brown , 604 F.2d 557 (8th Cir. 1979), were not met. … The Brown test is identical to the test articulated by this court in Voudrie v. State , 387 So.2d 248 (Ala.Cr.App.), writ denied, 387 So.2d 256 (Ala. 1980). However, the Voudrie test has specifically been rejected.

Byers v. State

856 So. 2d 954 · Court of Criminal Appeals of Alabama · Jan 31, 2003

See Brown v. State, 592 So.2d 621, 623 (Ala.1991); and Zamudio v. State, 615 So.2d 156, 157 (Ala.Crim.App.1993). In Thompson v. … Pearsall v. State.” *957 Bridges v. State, 636 So.2d 696, 697 (Ala.Crim.App.1993). See also Oliver v. State, 770 So.2d 1116, 1117-18 (Ala.Crim.App.2000); and Gowers v. State, 766 So.2d 986 (Ala.Crim.App.2000).

Thomas v. State

389 So. 2d 552 · Court of Criminal Appeals of Alabama · Oct 7, 1980

Ladd v. State , 363 So.2d 1017 (Ala.Cr.App. 1978). … Isabell v. State , 57 Ala. App. 444 , 452 , 329 So.2d 133 , cert. denied, 295 Ala. 407 , 329 So.2d 140 (1976); Crowden and Askew v. State , 55 Ala.