Case law

McCraney v. State

381 So. 2d 102 · Court of Criminal Appeals of Alabama · Feb 26, 1980

United States , 390 U.S. 377 , 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1968), and Brown v. United States , 411 U.S. 223 , 93 S.Ct. 1565 , 36 L.Ed.2d 208 (1973). 2 Quoting from Brown , supra: ". . . Mr. … Subsequent to Jones , in Simmons v.

Rice v. State

460 So. 2d 254 · Court of Criminal Appeals of Alabama · Jun 12, 1984

The correct method for challenging the decision of a state disciplinary board is by petitioning the appropriate circuit court for a writ of habeas corpus. Williams v. Davis , 386 So.2d 415 (Ala. 1980); Washington v. … To comply with due process, the Board's decision must not have been made arbitrarily or capriciously, but should have been based upon substantial legal evidence. Washington v. State , supra.

Brownlee v. State

197 So. 3d 1024 · Court of Criminal Appeals of Alabama · Oct 23, 2015

.”); State v. … Lewis v. State, 24 So.3d 480, 508 (Ala.Crim.App.2006), aff'd, 24 So.3d 540 (Ala.2009). Therefore, the trial court did not err in allowing the State to present evidence of collateral acts of sexual abuse by Brown-lee.

Bryant v. State

594 So. 2d 718 · Court of Criminal Appeals of Alabama · Oct 25, 1991

Subsequent to this court’s release of the original opinion in this case, the court released Sellers v. State, 586 So.2d 994 (Ala.Cr.App.1991). In Sellers v. … “The actions of the Board in granting or denying paroles cannot be reviewed under the Act’s provisions for judicial review because the Act exempts the Board from review. § 41-22-3(3).

Writesman v. Alabama Department of Corrections

54 So. 3d 450 · Court of Criminal Appeals of Alabama · Jun 25, 2010

See Austin v. Alabama Dep’t of Corr., 975 So.2d 398 (Ala.Crim.App.2007). Before an amendment effective September 1, 1999, § 15-22-32, Ala. … See Sundberg v. Thomas, 13 So.3d 43 (Ala.Crim.App.2009) (addressing a similar claim and holding that the DOC improperly designated time as “dead time”).

Ingram v. State

779 So. 2d 1225 · Court of Criminal Appeals of Alabama · Aug 27, 1999

California v. Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987); Ex parte Henderson, 616 So.2d 348 (Ala. 1992); Haney v. State, 603 So.2d 368 (Ala. … See Haney v. State . See also California v. Brown, 479 U.S. 538 , 107 S.Ct. 837 , 93 L.Ed.2d 934 (1987); Saffle v. Parks, 494 U.S. 484 , 110 S.Ct. 1257 , 108 L.Ed.2d 415 (1990).

Barnhart v. State

686 So. 2d 552 · Court of Criminal Appeals of Alabama · Sep 27, 1996

See Jago v. Van Curen , 45[4] U.S. 14, 70 L.Ed.[2d 13], 102 S.Ct. 31 (1981)." In Jago v. … Unlike Ellard, Barnhart was not released before the Board rescinded its order granting Barnhart parole. As Judge Taylor noted in Sloan v.

Johnson v. State

648 So. 2d 629 · Court of Criminal Appeals of Alabama · Jul 8, 1994

Following the cross-examination of this witness, the prosecutor called Glenn Brown to the stand. … Holliday v.

Cassady v. State

51 Ala. App. 544 · Court of Criminal Appeals of Alabama · Dec 4, 1973

This photograph showed appellant with reddish-brown hair and a pockmarked face. Mr. … We quote from Ferguson v.

Hare v. State

390 So. 2d 1126 · Court of Criminal Appeals of Alabama · Aug 19, 1980

We believe that Dean v. State , 54 Ala. App. 270 , 307 So.2d 77 (1975), is dispositive of the issue here presented. … As the appellant did so, the brown sack inside the bedroom was in plain view of the officers and was observed by them.

Hill v. State

594 So. 2d 246 · Court of Criminal Appeals of Alabama · Jan 17, 1992

Code § 15-22-26 (1975), does not *Page 248 confer a liberty interest in parole that is protected by the Due Process Clause because the statute provides that parole may be granted at the Board's discretion. Thomas v. … The Monroe court stated, as it had in Slocum v.

Bethune v. State

542 So. 2d 332 · Court of Criminal Appeals of Alabama · Jan 27, 1989

Defense witness Fred Akers even testified, without objection, that he, Brown, Tatum, and Ragland "were subpoenaed to come to court." … Embrey v.

Cochran v. State

348 So. 2d 1077 · Court of Criminal Appeals of Alabama · Mar 29, 1977

Williams v. State, 48 Ala.App. 737 , 267 So.2d 526 ; Zimmerman v. State, 49 Ala.App. 442 , 272 So.2d 914 ; Clay v. State, 52 Ala.App. 272 , 291 So.2d 364 . … McColston v. State, 20 Ala.App. 591 , 104 So. 347 ; Zimmerman v. State, supra, and cases cited therein.

Johnson v. State

56 Ala. App. 627 · Court of Criminal Appeals of Alabama · Dec 16, 1975

Under Brown v. State, 277 Ala. 108, 167 So.2d 291 , a pretrial motion to suppress is not mandatory. Such a motion was born of the rule of exclusion ex necessitate. Green v. State, *630 38 Ala.App. 189 , 79 So.2d 555 . … Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 , nurtured it to the stature of the infant Hercules. However, such pretrial suppression is not the sole remedy for excluding illegal evidence. Brown v.

Webb v. State

378 So. 2d 756 · Court of Criminal Appeals of Alabama · Oct 16, 1979

In this case the State failed to prove that the chemical analysis employed was performed according to the methods approved by the state Board of Health. Patton v. … Patton v.

Parker v. State

406 So. 2d 1036 · Court of Criminal Appeals of Alabama · Aug 4, 1981

Brown v. State , Ala.Cr.App., 392 So.2d 1248 (1980), cert. denied, Ala., 392 So.2d 1266 (1981). Appellant is bound by the ground of objection stated at trial. Gunn v. … Brown , supra; Yates v. State , Ala.Cr.App., 390 So.2d 32 (1980) VI Finally, appellant insists that it was error to refuse his written requested charges numbered twelve and thirteen.

Knight v. State

622 So. 2d 426 · Court of Criminal Appeals of Alabama · Jun 18, 1993

Brown then stopped the mustang on Cora Avenue. Deputy Jones testified that as he and Brown approached the automobile, one of the passengers, later identified as Richard Dukes, jumped from the car and ran. Sgt. … Henderson v. State , 584 So.2d 841 (Ala.Cr.App. 1988); Lynn v.

Marks v. State

575 So. 2d 611 · Court of Criminal Appeals of Alabama · Jan 18, 1991

See State v. … Korreckt v. State .

Estes v. State

358 So. 2d 1050 · Court of Criminal Appeals of Alabama · Jan 24, 1978

Myrick v. City of Montgomery, supra; Weaver v. City of Birmingham, supra; Pugh v. State, supra. … Myrick v. City of Montgomery, supra; Weaver v. City of Birmingham, supra; Pugh v. State, supra." (Emphasis added) Estes v. State, p. 1052.

New v. State

337 So. 2d 1355 · Court of Criminal Appeals of Alabama · Oct 5, 1976

Parks v. State , 46 Ala. App. 722 , 248 So.2d 761 ; Rueffert v. State , 46 Ala. App. 36 , 237 So.2d 520 ; Daniels v. State , 49 Ala. App. 654 , 275 So.2d 169 . The appellant cited Radke v. State , 52 Ala. … In Dixon v. State , 39 Ala.