Case law

Pearsall v. State

564 So. 2d 1014 · Court of Criminal Appeals of Alabama · Sep 29, 1989

We question the use of hearsay evidence here to support the board's findings when direct testimony as to the facts was obtainable. See Sapp v. Le Fevre , 111 A.D.2d 483 , 488 N.Y.S.2d 857 (1985); Outagamie County v. … In any case, Smith did not appear, and appellant alleges in his petition that the board did not contact Smith and made no effort to do so. In Ponte v.

Luker v. State

344 So. 2d 1219 · Court of Criminal Appeals of Alabama · Jun 29, 1976

Porter v. State, 58 Ala. 66 ; Blakeney v. State, 244 Ala. 262 , 13 So.2d 430 ; Cook v. State, 56 Ala.App. 250 , 320 So.2d 764 ; Van Nostrand v. State, 56 Ala.App. 141 , 319 So.2d 760 ; Parks v. … Eady v. State, 48 Ala.App. 726 , 267 So.2d 516 ; Jones v. State, 55 Ala.App. 466 , 316 So.2d 713 ; Bass v. State, 55 Ala.App. 88 , 313 So.2d 208 ; Hurst v. State, 54 Ala.App. 254 , 307 So.2d 62 .

Stoll v. State

724 So. 2d 90 · Court of Criminal Appeals of Alabama · Sep 11, 1998

See Brown v. State , 565 So.2d 585 , 589 (Ala. 1990); Sisson v. State , 528 So.2d 1159 , 1160 (Ala. 1988); Gandy v. City of Birmingham , 478 So.2d 11 , 12 (Ala.Cr.App. 1985); see also Young v. … McMILLAN, COBB, BROWN, and BASCHAB, JJ., concur.

Browder v. State

54 Ala. App. 369 · Court of Criminal Appeals of Alabama · Nov 26, 1974

J., in Daniell v. … Kelly v. State, 235 Ala. 5 , 176 So. 807 ; Reeves v. State, 17 Ala.App. 684 , 88 So. 197 ; Chamberlain v. State, supra.

Brannon v. State

549 So. 2d 532 · Court of Criminal Appeals of Alabama · Sep 22, 1989

Piggott and Special Agent Cliff Brown of the DEA followed the informant to meet Neece. Piggott and Brown were in an unmarked car and were dressed in undercover clothes. … Piggott and Brown followed the two at a discreet distance but maintained visual surveillance.

Pettway v. State

624 So. 2d 696 · Court of Criminal Appeals of Alabama · Mar 5, 1993

While several of the witnesses' descriptions of the packaging makes it unclear as to whether the brown coin envelope was preserved, there is some testimony that the "little, small, brown manila envelope" described by a subsequent … Brown v. State , 588 So.2d 551 , 559 (Ala.Cr.App. 1991). See also Carter v. State , 420 So.2d 292 , 294 (Ala.Cr.App. 1982).

Jordan v. City of Huntsville

650 So. 2d 591 · Court of Criminal Appeals of Alabama · Jul 29, 1994

See Zinn v. State, 527 So.2d at 147; Brown v. City of Montgomery, 504 So.2d at 750 ; Norton v. State, 502 So.2d 393, 394 (Ala.Cr.App.1987). … .’ *593 “Brown v. City of Montgomery, 504 So.2d at 750 (emphasis added [in Hodges ]). See also Norton v. State, 502 So.2d at 394 ; Zinn v. State, 527 So.2d at 147.

Doyle v. State

487 So. 2d 996 · Court of Criminal Appeals of Alabama · Jan 7, 1986

In Brown v. State , 460 So.2d 263 (Ala.Crim.App. 1984), this court stated: "The State here sufficiently established a proper chain of custody and the identity of the prohibited substance as marijuana. Slaughter v. … Brown's remarks about all kind of things happening to the defendant — probation, parole. . . . "THE COURT: Sustained. Let's stick to the evidence." (R. 71). The prosecutor's remarks are clearly improper. Eaton v.

Wesley v. State

575 So. 2d 108 · Court of Criminal Appeals of Alabama · Dec 29, 1989

Brown nor Dr. … The most recent in this line of cases is Brown Mechanical Contractors, Inc. v. Centennial Insurance Co. , 431 So.2d 932 (Ala. 1983).

Bonds v. State

205 So. 3d 1270 · Court of Criminal Appeals of Alabama · Sep 18, 2015

DeKalb County LP Gas Co. v. … Sims v.

Jones v. State

456 So. 2d 366 · Court of Criminal Appeals of Alabama · Aug 16, 1983

Brown v. State , 374 So.2d 391 (Ala.Cr.App.), affirmed , 374 So.2d 395 (Ala. 1979). It is without question that the prosecutorial arguments quoted above were factual misstatements of Mr. … See, Brown , supra at 396; Flint v. State , 370 So.2d 332 (Ala.Cr.App. 1979).

Barker v. State

437 So. 2d 1375 · Court of Criminal Appeals of Alabama · Aug 30, 1983

Fielding v. State , 409 So.2d 964 (Ala.Cr.App. 1981). The board's *Page 1377 statement, "Inmate plead not guilty. … .' * * * (Consolidated Edison Co. of New York v. National Labor Relations Board) 305 U.S. 197 ( 59 S.Ct. 206 , 217 , 83 L.

Hare v. State

387 So. 2d 299 · Court of Criminal Appeals of Alabama · Jul 29, 1980

Racine v. State , 291 Ala. 684 , 286 So.2d 896 (1973); Brown v. State , 367 So.2d 557 (Ala.Cr.App.), cert. denied, Ex parte Brown , 367 So.2d 559 (Ala. 1978). … Billups v. City of Birmingham , 367 So.2d 518 , 522 (Ala.Cr.App. 1978), cert. quashed, 367 So.2d 524 (Ala. 1979). We have searched the record for error and found none. The judgment of the Circuit Court is affirmed.

Samuels v. State

584 So. 2d 958 · Court of Criminal Appeals of Alabama · Apr 26, 1991

Willie Brown and the appellant told the friend who was driving the car where to find Williams. They saw Williams and followed him at Willie Brown's and the appellant's instructions. … Shortly thereafter, Brown got out of the car to go to the bathroom. When they went back to pick Brown up, he was fighting with Williams. Jones got out of the car and fired two or three times.

Hodges v. City of Hoover

647 So. 2d 39 · Court of Criminal Appeals of Alabama · May 27, 1994

See Zinn v. State, 527 So.2d at 147; Brown v. City of Montgomery, 504 So.2d at 750 ; Norton v. State, 502 So.2d 393, 394 (Ala.Cr.App.1987). We reaffirm that proposition here. … Brown v. City of Montgomery, 504 So.2d at 750 (emphasis added). See also Norton v. State, 502 So.2d at 394 ; Zinn v. State, 527 So.2d at 147.

Simmons v. State

353 So. 2d 11 · Court of Criminal Appeals of Alabama · Oct 4, 1977

James v. State , 22 Ala. App. 183 , 113 So. 648 ; Butler v. State , 54 Ala. App. 468 , 309 So.2d 505 ; Hollenquest v. State , supra. … Appellant notes that Miss Brown was shot before she handed the money over. However the evidence is undisputed that McGee and Harris told Miss Brown that this was a holdup and to put the money in a bag.

Robinson v. State

53 Ala. App. 145 · Court of Criminal Appeals of Alabama · Jun 25, 1974

There were two light brown hairs removed also from the panties. These hairs revealed characteristics common to • a light-brown Caucasian hair. And that’s all that was removed.” … White v. State, 37 Ala.App. 448 , 70 So.2d 287 . The clothing worn by the prosecutrix at the time of the alleged rape was properly received in evidence. Chancellor v. State, 38 Ala.App. 89 , 80 So.2d 313 ; Cox v.

Heidelburg v. State

522 So. 2d 337 · Court of Criminal Appeals of Alabama · Feb 18, 1988

To meet the due process standard, the disciplinary board's decision must neither be arbitrary nor capricious, and must be based upon some evidence. Thompson v. … Thompson v. State. Procedural due process mandated in Wolff v. McDonnell is directly related to the issue of whether there is some evidence to support the decision of a prison disciplinary board.

Hardy v. State

406 So. 2d 442 · Court of Criminal Appeals of Alabama · Oct 27, 1981

Brown v. State, 369 So.2d 881 (Ala.Cr.App.1979), cited in support of appellant’s assertion to the contrary, is distinguishable on its facts. … Woodson v. State, supra; and cases cited therein. See also James v. State, 381 So.2d 672 (Ala.Cr.App.1980).

Holmes v. State

342 So. 2d 28 · Court of Criminal Appeals of Alabama · Dec 7, 1976

Brown? "MR. BROWN: Yes, sir, Judge. "A. … BROWN: Did he seem to understand what was going on? "A.