Case law

Mayfield v. State

641 So. 2d 1294 · Court of Criminal Appeals of Alabama · Feb 11, 1994

Boldin v. State, 585 So.2d 218, 220 (Ala.Cr.App.1991). Furthermore, counsel’s performance was not ineffective for failing to request an instruction on robbery in the third degree. … Preston v. State, 586 So.2d 263 (Ala.Cr.App.1991).

O'NEAL v. State

53 Ala. App. 133 · Court of Criminal Appeals of Alabama · Jun 4, 1974

In Stokley v. … Jones v. State, supra; Jolly v. State, supra; Tanner v.

Warren v. State

706 So. 2d 1316 · Court of Criminal Appeals of Alabama · Oct 17, 1997

Our research has revealed very few cases in Alabama addressing the legality of banishment 2 ; however, in Brown v. … Brown 660 So.2d at 236 .

Bostwick v. ALA. BD. OF PARDONS AND PAROLES

865 So. 2d 1245 · Court of Criminal Appeals of Alabama · Mar 21, 2003

Christopher v. U.S. Board of Parole, 589 F.2d 924 (7th Cir.1978); Wallace v. Turner, 525 F.Supp. 1072 (S.D.Fla. 1981). … Alabama Board of Pardons and Paroles, 859 So.2d 1201 (Ala.Crim.App. 2001); Tucker v. Alabama Board of Pardons and Paroles, 781 So.2d 358 (Ala. Crim.App.2000); Tedder v.

Murry v. State

455 So. 2d 53 · Court of Criminal Appeals of Alabama · Mar 29, 1983

McWhorter v. State Board of Registration for Professional Engineers and Land Surveyors , 359 So.2d 769 (Ala. 1978). … See Cade v.

Ballou v. State

365 So. 2d 352 · Court of Criminal Appeals of Alabama · Dec 19, 1978

Huddleston v. State , 37 Ala. App. 57 , 64 So.2d 90 , cert. denied 258 Ala. 579 , 64 So.2d 102 (1953); Rorex v. State , 44 Ala. App. 112 , 203 So.2d 294 (1967); Newsome v. State , 49 Ala. … Moore v. State , 23 Ala. App. 432 , 127 So. 796 ; Browning v. State , 31 Ala. App. 137 , 13 So.2d 54 ; Thomas v. State , 134 Ala. 126 , 33 So. 130 ." (Emphasis supplied).

Ward v. State

484 So. 2d 536 · Court of Criminal Appeals of Alabama · Nov 12, 1985

The brown paper sack, containing marijuana, was discovered lying approximately five feet from the appellant's car. … As we have stated in Shute v.

Pardue v. State

52 Ala. App. 339 · Court of Criminal Appeals of Alabama · Mar 19, 1974

Harris v. State, 48 Ala.App. 723 , 267 So.2d 512 . Malice may be presumed in a killing by the use of a deadly weapon, unless the circumstances of the killing disprove or rebut the presumption. Young v. … Hudson v. State, 48 Ala.App. 703 , 267 So.2d 494 .

Lockett v. State

489 So. 2d 653 · Court of Criminal Appeals of Alabama · Jan 28, 1986

Kitchen (1) White powder lying on piece of paper on ironing board (2) Knife and pipe packing tool found next to white powder on ironing board (3) Currency on ironing board (4) Set of scales found in box on counter (5) One … bottle of manitol, one block of manitol, and one bottle of inositol in kitchen cabinet (inositol is a cutting agent for cocaine) (6) White powder on piece of paper in butter dish of refrigerator (7) Brown paper bag with

Thomas v. State

403 So. 2d 323 · Court of Criminal Appeals of Alabama · Jun 30, 1981

See Smith v. State, Ala.Cr.App., 345 So.2d 325 (1976), cert. quashed, Ala., 345 So.2d 329 (1977). Whether or not appellant climaxed is immaterial. Emission is not an element of the offense of rape. Waller v. … See Ala.Code § 12-21-162(b) (1975); Caldwell v. State, 282 Ala. 713 , 213 So.2d 919 (1968); Payne v. State, 261 Ala. 397 , 74 So.2d 630 (1954).

Cornelius v. State

49 Ala. App. 417 · Court of Criminal Appeals of Alabama · Jan 23, 1973

One was wearing a blue shirt and blue pants and had a mustache, and the other suspect was wearing a brown shirt and brown pants and had long hair. … In Bates v.

Carr v. State

56 Ala. App. 125 · Court of Criminal Appeals of Alabama · Aug 19, 1975

In Young v. … Brown v. State, 229 Ala. 58, 155 So. 358 ; Price v. State, 53 Ala.App. 465 , *131 301 So.2d 230 ; Mosley v. State, Ala.App., 304 So.2d 613 .

Buice v. State

574 So. 2d 55 · Court of Criminal Appeals of Alabama · Sep 21, 1990

A few minutes later, the appellant returned and handed Officer Tucker a small clear cellophane sandwich bag containing a brown plant material. … Moton v. State , 524 So.2d 381 (Ala.Cr.App. 1988); Brown v. State , 392 So.2d 1248 (Ala.Cr.App. 1980), writ denied, Ex parte Brown , 392 So.2d 1266 (1981).

Richardson v. State

354 So. 2d 1193 · Court of Criminal Appeals of Alabama · Jan 24, 1978

We do not think that Pate v. … Brown v. State , Ala.Cr.App., 335 So.2d 418 (2); Hawes v. State , 48 Ala. App. 565 , 266 So.2d 652 (9). It is a basic principle that the State had the duty to enforce the law and not the victim's husband.

Browning v. State

465 So. 2d 1208 · Court of Criminal Appeals of Alabama · Nov 27, 1984

BROWNING: Yes, sir'" (RT-36). It is clear from the petitioner's testimony at trial that he pled guilty knowingly, intelligently and voluntarily. … Strickland v. Washington , ___ U.S. ___, 104 S.Ct. 2052 , 80 L.Ed.2d 674 ; Duncan v. State , 461 So.2d 906 (Ala.Crim.App. 1984); Daniel v. State , 459 So.2d 948 (Ala. 1984); Haynes v.

City of Montgomery v. Zgouvas

953 So. 2d 434 · Court of Criminal Appeals of Alabama · Sep 29, 2006

State v. Property at 2018 Rainbow Drive , 740 So.2d 1025 , 1027 (Ala. 1999) (quoting Romer v. Board of County Comm'rs of the County of Pueblo , 956 P.2d 566 , 581 (Colo. 1998)(Kourlis, J., dissenting)). … Board of Airport Comm'rs of Los Angeles v. Jews for Jesus, Inc. , 482 U.S. 569 , 107 S.Ct. 2568 , 96 L.Ed.2d 500 (1987).

Rice v. State

491 So. 2d 1049 · Court of Criminal Appeals of Alabama · Mar 25, 1986

See United States v. Watchman , 749 F.2d 616 (10th Cir. 1984); United States v. Brown , 744 F.2d 905 (2d Cir. 1984); United States v. Satterfield , 743 F.2d 827 (11th Cir. 1984); United States v. … Brown , supra at 908 . "As the court said in United States v. Brown , the discretion and method of determining the length of a defendant's incarceration does not infringe on his Sixth Amendment rights.

Jenkins v. State

384 So. 2d 1135 · Court of Criminal Appeals of Alabama · Nov 20, 1979

During the course of the robbery, the attendant, John Ezra Brown, was killed. See Coon v. State , Ala.Cr.App., 380 So.2d 980 (1979). … Brown's testimony; therefore, such is not subject to review on appeal. 6B Ala. Digest, Criminal Law, 1036.1 (1). In any event the appellant's contention would have no merit. Harris v.

Higginbotham v. State

54 Ala. App. 633 · Court of Criminal Appeals of Alabama · Mar 4, 1975

In Shields v. … McMullen v. State, 53 Ala. 531 ; Ludlum v. State, 13 Ala.App. 278 , 69 So. 255 . In Reed v.

Eady v. State

495 So. 2d 1161 · Court of Criminal Appeals of Alabama · Sep 9, 1986

Valenza went back to the point where the brown sack had been thrown from the vehicle and recovered the brown sack and a coin purse from the side of the roadway. … See, English v. State , 457 So.2d 458 (Ala.Cr.App. 1984) and cases cited therein.