Case law

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).

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. .

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).

Lovell v. State

51 Ala. App. 286 · Court of Criminal Appeals of Alabama · Oct 30, 1973

V. … We held in Sanford v.

Trussell v. State

57 Ala. App. 109 · Court of Criminal Appeals of Alabama · Jan 20, 1976

The State quotes from Poole v. … Haggler v. State, 49 Ala.App. 259 , 270 So.2d 690 (1972). A conviction may be based on evidence which is solely circumstantial. Creel v. State, 53 Ala.App. 504 , 301 So.2d 267 (1974); James v.

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.

Alton LeVon Surles v. State of Alabama

Court of Criminal Appeals of Alabama · Sep 26, 2025

Surles was placed under the supervision of the Montgomery Day Reporting Center ("the MDRC") of the Alabama Board of Pardons and Paroles ("the Board"). … See Hooks v. State, 304 So. 3d 236 (Ala. Crim. App. 2020); Harper v. State, 302 So. 2d 306 (Ala. Crim. App. 2020); Lara v. State, 298 So. 3d 526 (Ala. Crim. App. 2020); Jacobs v. State, 294 So. 3d 820 (Ala. Crim.

Daniels v. State

50 Ala. App. 88 · Court of Criminal Appeals of Alabama · Apr 3, 1973

Cobern v. … This holding has support in the case of Brown v. State, 120 Ala. 342 , 25 So. 182 . Although the victim in Brown did not die, the rationale of that case supports our holding. In Brown the facts were: “. . .

Spellman v. State

469 So. 2d 695 · Court of Criminal Appeals of Alabama · Jan 22, 1985

McKinney v. State , 404 So.2d 639 (Ala. 1981); Duncan v. State , 394 So.2d 930 (Ala. 1981); Brown v. State , 353 So.2d 1384 (Ala. 1977). … Mindful of the language of the United States Supreme Court in Kent , supra, the Alabama Supreme Court in Brown v.

Wallace v. State

408 So. 2d 171 · Court of Criminal Appeals of Alabama · Oct 6, 1981

Allford v. State , 244 Ala. 148 , 12 So.2d 407 (1943). … Brown v. State , 392 So.2d 1248 (Ala.Cr.App.), cert. denied, Ex parte Brown , 392 So.2d 1266 (Ala. 1980). We have searched the record and found no error prejudicial to the substantial rights of the defendant.

Junior v. State

47 Ala. App. 518 · Court of Criminal Appeals of Alabama · Dec 14, 1971

Whitley, Clerk of the Jury Board, testified that in August of 1965 the board placed 48,176 names in the jury box for the Birmingham Division. … In White v.

State v. Malone

25 So. 3d 493 · Court of Criminal Appeals of Alabama · May 29, 2009

Ex parte Board of Zoning Adjustment of the City of Mobile, 636 So.2d 415 (Ala.1994).’ “669 So.2d at 104. … Stiles v. Brown, 380 So.2d 792, 794 (Ala.1980) (citations omitted).” (Emphasis added.)

Dixon v. State

57 Ala. App. 30 · Court of Criminal Appeals of Alabama · Oct 21, 1975

Brown v. State, 142 Ala. 294 , 38 So. 268 ; Meridith [Meredith] v. State, 60 Ala. 441 ; Jackson v. State, 94 Ala. 85 , 10 So. 509 . … In Young v.

Gray v. State

346 So. 2d 974 · Court of Criminal Appeals of Alabama · Aug 31, 1976

State , 115 Ala. 121 , 22 So. 275 ; Prentice v. State , 24 Ala. App. 587 , 139 So. 437 ; Owens v. State , 46 Ala. App. 591 , 246 So.2d 478 ; Gilmore v. State , 99 Ala. 154 , 13 So. 536 ; Lindsay v. … Harris v. State , 44 Ala. App. 449 , 212 So.2d 695 .

Padgett v. State

49 Ala. App. 130 · Court of Criminal Appeals of Alabama · Sep 12, 1972

Brown, generated a rather heated exchange of words between Greg and Sandra. They left Mrs. Brown’s house around 1:30 a. m. Mrs. … Walker v. State, 58 Ala. 393 ; Bennett v. State, 52 Ala. 370 .” See also Humber v.

Allen v. State

478 So. 2d 326 · Court of Criminal Appeals of Alabama · Oct 8, 1985

Without objection, Detective Danny Moss testified before the jury that, in searching the defendant's bedroom, he found a "brown wig" and a brown purse containing the identification of Deborah Davis Miller. … The rule is stated in Madison v. State , 55 Ala.

Levett v. State

593 So. 2d 130 · Court of Criminal Appeals of Alabama · Aug 23, 1991

Officer John Richardson, an ABC Board narcotics agent, stated that he handcuffed one female immediately and then later borrowed handcuffs from another officer and handcuffed the other female. … BROWN [defense counsel]: Judge, we object. "THE COURT: It can be admitted to the Court Reporter for the purpose of the search warrant itself, but not go to the jury. "MRS. BROWN: Judge, may we approach the bench?

Draper v. State

641 So. 2d 1283 · Court of Criminal Appeals of Alabama · Mar 4, 1994

A search of a brown tote bag located about 15 feet from the appellant revealed 18 rocks of crack cocaine. Also present in the bag were hair clippers and a toothbrush. … He was carrying a brown tote bag. Karen Birdsong also testified that the appellant said that he wanted to take a shower and to cut his hair. She also testified that the appellant was carrying a brown tote bag.

Ex Parte Knotts

716 So. 2d 262 · Court of Criminal Appeals of Alabama · Apr 9, 1998

Otwell v. Bryant , 497 So.2d 111 , 119 (Ala. 1986). Prejudice on the part of a judge is not presumed. Hartman v. Board of Trustees , 436 So.2d 837 (Ala. 1983); Duncan V. … Hartman v. Board of Trustees of the University of Alabama , 436 So.2d 837 (Ala. 1983); Reach v. Reach , 378 So.2d 1115 (Ala.Civ.App. 1979).

Collier v. State

57 Ala. App. 375 · Court of Criminal Appeals of Alabama · Nov 18, 1975

The victim of the homicide was Harold Eather Brown, who was the father-in-law of defendant. … Usrey v. State, 54 Ala.App. 448 , 309 So.2d 485 (3) cert. den. Usrey v. State, ex rel. Atty. Gen., 293 Ala. 776 , 309 So.2d 489 .