Case law

Singleton v. State

48 Ala. App. 157 · Court of Criminal Appeals of Alabama · Aug 17, 1971

Brown at Russellville. Around lunch time, February *160 27, Trooper Brown testified without objection that he stopped the car, searched defendant’s person and the automobile. … Gandy v. Watkins, D.C., 237 F.Supp. 266 ; Barnes v. United States, 5 Cir., 373 F.2d 517 ; People v. Fierro, 236 Cal.App.2d 344 , 46 Cal.Rptr. 132 (1965).

Mitchum v. State

384 So. 2d 1193 · Court of Criminal Appeals of Alabama · Apr 1, 1980

The court in Coolidge v. … Under Coolidge v.

State v. Moore

570 So. 2d 838 · Court of Criminal Appeals of Alabama · Aug 24, 1990

Brown around facing the car with his hands on top. And my backup had still yet not arrived. And I was trying to control Mr. Brown for my own safety. … State, 401 So.2d 322 (Ala.Crim.App.1981), Daniels v. State, 290 Ala. 316 , 276 So.2d 441 (1973), Baker v. State, 340 So.2d 854 (Ala.Crim. App.), cert. denied, 340 So.2d 860 (Ala. 1976), and Richardson v.

Woodson v. State

405 So. 2d 967 · Court of Criminal Appeals of Alabama · Jun 23, 1981

Compare Ralls v. Manson , 375 F. Supp. 1271 (D.Conn.), reversed on other grounds, 503 F.2d 491 (2 Cir. 1974). In Brown v. … Brown , 369 So.2d at 884 .

Frazier v. State

48 Ala. App. 210 · Court of Criminal Appeals of Alabama · Apr 4, 1972

Ortez v. Jewett Co., 23 Ala. 662 ; Blakey’s Heirs v. Blakey’s Ex’x., 33 Ala. 611 ; Seale v. Chambliss, 35 Ala. 19 ; Beall v. James Folmar Sons & Co., 122 Ala. 414 , 26 So. 1 ; Carter v. … In Moulton v.

Gibson v. State

411 So. 2d 1297 · Court of Criminal Appeals of Alabama · Mar 23, 1982

There, as here, the required “written statement by the factfinders [the disciplinary board] as to the evidence relied on and reasons” for the disciplinary action was missing. Wolff v. … McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974); Williams v. Davis, 386 So.2d 415 (Ala.1980); Washington v. State, supra, and other cases therein cited.

Moore v. State

442 So. 2d 164 · Court of Criminal Appeals of Alabama · Nov 29, 1983

termination or revocation at the discretion of the state board of health. … Whetstone v. State , 407 So.2d 854 (Ala.Cr.App. 1981).

Crowe v. State

171 So. 3d 681 · Court of Criminal Appeals of Alabama · Dec 19, 2014

Hosch v. State, 155 So.3d 1048, 1078 (Ala.Crim.App.2013) (citing Broadnax v. State, 825 So.2d 134 (Ala.Crim.App.2000)). In Brown v. … Brown, 72 So.3d at 720 .

Mitchell v. State

391 So. 2d 1069 · Court of Criminal Appeals of Alabama · Apr 1, 1980

The check showed in printing the name of "Bill Brown's Saw Mill, Inc." and was purportedly signed in handwriting by Bill Brown. … Com. v. Rice , 216 Mass. 480 , 104 N.E. 347 ; People v. Dillon , 197 N.Y. 254 , 256 , 90 N.E. 820 , 18 Ann.Cas. 552. . . ." In State v.

Wilburn v. State

432 So. 2d 524 · Court of Criminal Appeals of Alabama · May 31, 1983

Williams v. Davis, 386 So.2d 415 (Ala.1980). To comport with ‘due process' the board’s decision must not have been made arbitrarily or capriciously but should have been based upon ‘substantial evidence.’ Aikens v. … Williams v. Davis, supra. The board should file a return in circuit court and include this information in same.” See also Gibson v. State, 411 So.2d 1297 (Ala.Cr.App.1982).

Williamson v. State

57 Ala. App. 113 · Court of Criminal Appeals of Alabama · Jan 20, 1976

Eady v. State, 48 Ala.App. 726 , 267 So.2d 516 ; Tally v. State, 54 Ala.App. 34 , 304 So.2d 275 ; Mosley v. State, 54 Ala. App. 59 , 304 So.2d 613 ; Jackson v. State, 52 Ala.App. 667 , 296 So.2d 753 ; Frazier v. … That the deceased turned around to see what he wanted and Brown saw appellant reach toward his back pocket.

Lister v. State

418 So. 2d 917 · Court of Criminal Appeals of Alabama · Dec 29, 1981

The appellant also relies upon Lucas v. State, 22 Ala.App. 632 , 118 So. 765 (1928) and Brown v. State, 41 Ala.App. 565 , 140 So.2d 371 (1962). These cases are distinguishable from the present case. … Burt v. State, 54 Ala.App. 1 , 304 So.2d 243 , cert. denied, 293 Ala. 749 , 304 *919 So.2d 246 (1974). See also, Griffin v. State, Ala. Cr. App., 383 So.2d 873 , cert. denied, Ala., 383 So.2d 880 (1980); Proctor v.

Morgan v. State

589 So. 2d 1315 · Court of Criminal Appeals of Alabama · Jul 26, 1991

Thompson v. … Morgan v. State , 440 So.2d 1240 (Ala.Cr.App. 1983).

Evans v. State

728 So. 2d 1164 · Court of Criminal Appeals of Alabama · Oct 2, 1998

BROWN, Judge. This ease was originally assigned to another judge on the Alabama Court of Criminal Appeals. It was reassigned to Judge Brown on December 10,1997. … See Rule 43(a), Ala.R.App.P.; Kennedy v. State, 690 So.2d 1225 (Ala.Cr.App.1997). APPEAL DISMISSED. LONG, P.J., and McMILLAN and BASCHAB, JJ., concur. COBB, J., recuses. .

McDaniel v. State

389 So. 2d 524 · Court of Criminal Appeals of Alabama · Jun 17, 1980

Inside the building, Ray found a brown paper bag in the cooler. … Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969).

State v. O'GUINN

462 So. 2d 1052 · Court of Criminal Appeals of Alabama · Jan 8, 1985

In Square v. State , 283 Ala. 548 , 219 So.2d 377 (1968), the Alabama Supreme Court adopted the position of Lathers v. … This position was relied on in part by this court in Brown v. State , 396 So.2d 137 (Ala.Crim.App. 1981), as well.

McCary v. State

47 Ala. App. 630 · Court of Criminal Appeals of Alabama · Mar 14, 1972

Brown v. State, 42 Ala.App. 429 , 167 So.2d 281 ; Brown v. State, 277 Ala. 108 , 167 So.2d 291 ; People v. Lunsford, 20 Mich.App. 325 , 174 N.W.2d 38 (1969) ; State v. Coomer, 450 S.W.2d 194 (Mo.1970). … Robinson v. State, 44 Ala.App. 206 , 205 So.2d 524 . Several special charges are set' out in the. record under the heading “Refused Charges.”

Perry v. State

371 So. 2d 969 · Court of Criminal Appeals of Alabama · Apr 17, 1979

The appellant opened his jacket, pulled out a brown paper sack and handed it to Hamilton, who handed it to Wyatt. … Brady v. Maryland , 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963); McCants v. State , 282 Ala. 397 , 211 So.2d 877 (1968); Thigpen v. State , 49 Ala. App. 233 , 270 So.2d 666 (1972).

State v. Hargett

935 So. 2d 1200 · Court of Criminal Appeals of Alabama · Feb 25, 2005

State v. Hill, 690 So.2d 1201 , 1203 (Ala. 1996), quoting Stiles v. Brown, 380 So.2d 792 , 794 (Ala. 1980). … See State v. Smith, 785 So.2d 1169 (Ala.Crim.App. 2000).

Green v. State

389 So. 2d 537 · Court of Criminal Appeals of Alabama · Jul 29, 1980

In Hattaway v. … plant material identified as marijuana. (2) State's Exhibit No. 3, a silver metal pot containing greenish-brown plant material which was identified as marijuana. (3) State's Exhibit No. 4, a sealed brown plastic bag containing