Case law

Byrd v. State

588 So. 2d 929 · Court of Criminal Appeals of Alabama · May 31, 1991

Brown began to experience problems with the appellant and his company; oily liquids contained in the two tanks routinely overflowed during hot weather. Mr. Brown prepared a new lease, which addressed these matters. … This court, in King v.

O'LEARY v. State

417 So. 2d 219 · Court of Criminal Appeals of Alabama · Jun 23, 1981

As stated in Smith v. … United States v. Rosenberg , 5 Cir. 1972, 458 F.2d 1183 ; United States v. Boyd , 5 Cir. 1971, 436 F.2d 1203 ; United States v. Lipscomb , 5 Cir. 1971, 435 F.2d 795 .

Campbell v. City of Birmingham

405 So. 2d 65 · Court of Criminal Appeals of Alabama · Oct 6, 1981

Brown. Brown managed to get Officer Bradford’s pistol and attempted to fire it. Blows were struck against the police and those occupants of the cafeteria who had come to aid the officers. … See also State v. Acra, 2 Ind.App. 384 , 28 N.E. 570 (1891); People v. O’Laughlin, 3 Utah 133 , 1 P. 653 , 659 (1882), citing Bishops, Criminal Law, Section 1148; State v. Powell, 70 N.C. 67 (1874); Darst v.

Avery v. State

363 So. 2d 1036 · Court of Criminal Appeals of Alabama · Oct 31, 1978

Appellant contends that such a procedure was erroneous and a continuance should have been granted, citing, Murray v. State, 210 Ala. 603 , 98 So. 871 , and Johnson v. … Usrey v. State, 54 Ala.App. 448 , 309 So.2d 485 . For numerous other authorities to the same effect, see 13 Alabama Digest, Jury, ®=»70(1). In Owens v.

Cannady v. State

937 So. 2d 551 · Court of Criminal Appeals of Alabama · Mar 3, 2006

v. … State, 636 So.2d 696 (Ala.Crim.App.1993): “ ‘Due process requires that the decision of the state disciplinary board or a hearing officer not be made arbitrarily or capriciously, but be based upon some evidence.

Wood v. State

733 So. 2d 944 · Court of Criminal Appeals of Alabama · Jan 15, 1999

BROWN, Judge. The appellant, Justin Wayne Wood, was convicted of unlawfully breaking and entering a vehicle. He was sentenced as a habitual felony offender to 48 years’ imprisonment. … Alderman v. State, 647 So.2d 28 (Ala.Cr.App.1994). Such claims must be considered and addressed by the trial court before they can be reviewed by this Court. Brown v. State, 681 So.2d 1102 (Ala.Cr.App.1996).

McMillan v. State

258 So. 3d 1154 · Court of Criminal Appeals of Alabama · Aug 11, 2017

"McMillan gave a statement indicating that he had been given a ride to Montgomery in the truck belonging to Martin by a man named Melvin Ingram Browning and that Browning had driven away with McMillan's possessions in the … of Education, Macon County Board of Education, Montgomery County Board of Education or any other educational facility or entity in Alabama."

Hughes v. State

385 So. 2d 1015 · Court of Criminal Appeals of Alabama · Jun 30, 1980

Barnett v. State, 373 So.2d 1226 (Ala.Cr.App.), cert. denied, 373 So.2d 1230 (Ala.1979). … 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); Beckley v. State, 357 So.2d 1022 (Ala.Cr. App.1978).

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).

Hannah v. State

627 So. 2d 1090 · Court of Criminal Appeals of Alabama · Nov 25, 1992

Andrews, 765 F.2d 1491 (11th Cir.1985), cert. denied, Royster v. … See Shepard v. State, 539 So.2d 449 (Ala.Cr.App.1988).

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.

Ladd v. State

489 So. 2d 708 · Court of Criminal Appeals of Alabama · May 13, 1986

Braswell v. State , Ala.Cr.App., 371 So.2d 992 (1979)." Brown v. State , 401 So.2d 213 , 216 (Ala.Crim.App.), cert. denied, 401 So.2d 218 (Ala. 1981). "`. . . … Winnings v. State , Ala.Cr.App., 370 So.2d 323 , cert. denied, Ala., 370 So.2d 329 (1979)." Brown , supra at 216; Braswell v. State , 371 So.2d 992 (Ala.Crim.App. 1979).

Rivers v. State

406 So. 2d 1021 · Court of Criminal Appeals of Alabama · Aug 4, 1981

The agents and officers of the department of public safety, the drug inspectors of the state board of pharmacy and the drug and narcotic agents and inspectors of the state board of health shall have the powers of peace officers … Instead, in accordance with §§ 15-5-5 , -7, supra, we find that in order to be legal, a search warrant must be executed by or at the direction of county officials United States v. Martin , supra.

Dilbeck v. State

412 So. 2d 1241 · Court of Criminal Appeals of Alabama · Oct 27, 1981

Barney Cason and Thomas Brown testified that they participated in the burglary and then sold the stolen goods to the appellant. Both men stated that they told the appellant the merchandise was stolen. … Later, Brown, one of the burglars, testified without objection that cigarettes were among the stolen items he sold the appellant.

Gilder v. State

542 So. 2d 1306 · Court of Criminal Appeals of Alabama · Dec 30, 1988

On July 3, 1987, Grandview Pines AmSouth Bank in Elmore County was robbed by the appellant and Barry Brown. During the robbery the appellant shot three bank employees. … Tice v. State , 386 So.2d 1187 (Ala. 1980). In Barrow v.

Marks v. State

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

See State v. … Korreckt v. State .

McCall v. State

56 Ala. App. 457 · Court of Criminal Appeals of Alabama · Nov 18, 1975

In Brown v. … The only difference in Brown, supra, and this case is that an objection was made in Brown and no objection was made in the instant case. We note here there was no motion for a new trial.

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.

Green v. State

342 So. 2d 419 · Court of Criminal Appeals of Alabama · Feb 1, 1977

Brown v. State , 39 Ala. App. 149 , 96 So.2d 197 (1957) and cases cited therein at 39 Ala. App. 153 . … Code of Alabama, Title 7, Section 273; Brown , supra.

Price v. State

383 So. 2d 884 · Court of Criminal Appeals of Alabama · Feb 26, 1980

The Alabama Supreme Court, in Brown v. … See Klinck v. State , supra. The appellant, in support of his contention has cited Brown v. Woolverton , supra and Albright and Wood, Inc. v. Wallace , 274 Ala. 317 , 148 So.2d 240 .