Case law

Jones v. State

43 So. 3d 1258 · Court of Criminal Appeals of Alabama · Aug 31, 2007

State v. Ashdown, 5 Utah 2d 59 , 296 P.2d 726 [1956], affirmed, 357 U.S. 426 , 78 S.Ct. 1354 , 2 L.Ed.2d 1443 [1958].” ’ “Ex parte Brown, 540 So.2d 740, 744 (Ala.1989). See also Jackson v. … The meeting addressed the recent Alabama Supreme Court opinion in Board of Water and Sewer Commissioners of the City of Mobile v. Hunter ....

Jacobs v. State

371 So. 2d 429 · Court of Criminal Appeals of Alabama · May 16, 1978

Jenkins v. State , Ala.Crim.App., 337 So.2d 72 ; Jordan v. State , 56 Ala. App. 55 , 318 So.2d 793 . … In Pineda v.

J.T.C. v. State

990 So. 2d 444 · Court of Criminal Appeals of Alabama · Feb 1, 2008

Ex parte Board of Zoning Adjustment of the City of Mobile, 636 So.2d 415 (Ala.1994). “[Ex parte Agee ], 669 So.2d [102,] at 104 [ (Ala.1995) ]. … Texas v. Brown, 460 U.S. 730, 742 , 103 S.Ct. 1535, 1543 , 75 L.Ed.2d 502 (1983) (citations omitted).’ “Mewbourn v. State, 570 So.2d 805, 808-09 (Ala.Crim.App.1990).” Harris v.

Parker v. State

777 So. 2d 937 · Court of Criminal Appeals of Alabama · Mar 31, 2000

See, e.g., Miller v. … Brown v. State, 701 So.2d 314 (Ala.Cr.App. 1997). IV. The appellant contends that the trial court erred in overruling his objection to test results that were revealed to him for the first time during trial.

Nettles v. State

435 So. 2d 146 · Court of Criminal Appeals of Alabama · Feb 1, 1983

Here, the School Board was not a "party" to the criminal prosecution. The Board was the "victim". … Thornton identified the meat as School Board property.

Robinette v. State

531 So. 2d 682 · Court of Criminal Appeals of Alabama · Sep 8, 1987

A brown paper bag, which was sitting on the floor, near the foot of the bed, contained plastic bags filled with a "green brown vegetable material." This material was later determined to be marijuana. … LeClair, 304 A.2d 385 (Me.1973) (defendant, who entered during search, was obviously under influence of drugs and his pockets were bulging); Brown v.

CTL v. State

599 So. 2d 94 · Court of Criminal Appeals of Alabama · May 15, 1992

Willcutt v. State, 284 Ala. 547, 549 , 226 So.2d 328, 330 (1969). In resolving questions of sufficiency of the evidence, this Court must view the evidence in the light most favorable to the State. Woodberry v. … Brown. According to Jenkins, Mr. Brown then contacted the appellant's mother and asked her to accompany the appellant back to school to resolve this matter.

Cox v. State

628 So. 2d 1075 · Court of Criminal Appeals of Alabama · Oct 22, 1993

As support, he cites Sellers v. … See Ellard v.

Sporl v. City of Hoover

467 So. 2d 273 · Court of Criminal Appeals of Alabama · Mar 12, 1985

In Baldwin v. State , 47 Ala. App. 136 , 141 , 251 So.2d 633 (1971) (quoting Brown v. State , 30 Ala. … Brown v. Alabama , 619 F.2d at 378 (quoted with approval in Rowell v. State , supra).

Neal v. State

803 So. 2d 586 · Court of Criminal Appeals of Alabama · May 25, 2001

McKinney v. State, 654 So.2d 95, 101 (Ala.Crim.App.1995)(quoting Buice v. State, 574 So.2d 55, 57 (Ala.Crim.App. 1990)). See Also Parker v. … Indeed, Justice Brown and Justice See dissented from the holding in Ex parte Berry based on this same rationale. 794 So.2d at 310-12 .

Jones v. State

356 So. 2d 728 · Court of Criminal Appeals of Alabama · Feb 7, 1978

Smith v. State, Ala.Cr.App., 346 So.2d 500 ; Freeman v. State, Ala.Cr. App., 350 So.2d 768 . … Guy v. State, 48 Ala.App. 293 , 264 So.2d 214 ; Johnson v. State, Ala.Cr.App., 335 So.2d 663 , cert. denied, Ala., 335 So.2d 678 .

Walker v. State

56 Ala. App. 248 · Court of Criminal Appeals of Alabama · Aug 19, 1975

Brown, the owner of the burglarized station testified that he closed and locked the station in the evening of February 13, 1974. … T. 7, § 273, Recompiled Code 1958; Corrunker v. State, 19 Ala.App. 500 , 98 So. 363 (6); Norris v. State, 229 Ala. 226 , 156 So. 556 (23). The defendant thereupon called Tommy Thornton as a witness.

Vick v. State

448 So. 2d 474 · Court of Criminal Appeals of Alabama · Mar 20, 1984

Aikens v. Lash , 514 F.2d 55 (7th Cir. 1975). … See Wilburn v. State , 432 So.2d 524 (Ala.Cr.App. 1983); Gibson v. State , 411 So.2d 1297 (Ala.Cr.App. 1982); Washington v. State , 405 So.2d 62 (Ala.Cr.App. 1981). This, then, becomes a second ground for reversal.

Hunter v. State

515 So. 2d 114 · Court of Criminal Appeals of Alabama · May 12, 1987

Evans v. State, 485 So.2d 402 (Ala.Cr. App.1986); Williams v. State, 461 So.2d 1335 (Ala.Cr.App.), cert, denied, 461 So.2d 1339 (Ala.1984); Barker v. … These latter two cases are based specifically upon the premise that the board’s decision must have been based upon "substantial evidence." 461 So.2d at 1335; 437 So.2d at 1377 . Compare, however, Thompson v.

Battles v. City of Mobile

771 So. 2d 498 · Court of Criminal Appeals of Alabama · Aug 14, 1998

See Zwickler v. Koota , 389 U.S. 241 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967); Keyishian v. Board of Regents , 385 U.S. 589 , 87 S.Ct. 675 , 17 L.Ed.2d 629 (1967)." … LONG, P.J., and COBB, BROWN, and BASCHAB, JJ., concur. 1 The language of § 32-5A-4 , Ala.

Mitchell v. State

395 So. 2d 124 · Court of Criminal Appeals of Alabama · Nov 25, 1980

In Temple v. … Blaine v. State , 366 So.2d 353 (Ala.Cr.App. 1978); Henderson v. State , 347 So.2d 540 (Ala.Cr.App. 1977).

Sanborn v. State

421 So. 2d 1373 · Court of Criminal Appeals of Alabama · Nov 2, 1982

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). … State, 361 So.2d 1157, 1157 (Ala.1978); Brown v. State, supra, at 1388.

Morris v. State

342 So. 2d 417 · Court of Criminal Appeals of Alabama · Feb 1, 1977

Brown v. State, 109 Ala. 70 , 20 So. 103 , from which we quote: *419 “. . . It is not the duty of the citizen to submit to any other than a lawful arrest. … If this were not true, no man would be safe from invasions of his personal liberty, and unlawful arrests would be made effectual. .. . ” See also Tarwater v. State, 16 Ala.App. 140 , 75 So. 816 (2), citing Brown, supra.

Hooks v. State

45 Ala. App. 221 · Court of Criminal Appeals of Alabama · Nov 25, 1969

In Creel v. … Brown took notes of the court’s instructions. After they had returned to the jury room she read aloud from her notes the judge’s definition of the degrees of unlawful homicide. In Denson v.

Raines v. State

428 So. 2d 206 · Court of Criminal Appeals of Alabama · Mar 1, 1983

Brown v. Illinois , 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 , (1975). "In Brown v. Illinois , supra, and Dunaway v. … Taylor v. Alabama , 457 U.S. ___ , 102 S.Ct. 2664 , 73 L.Ed.2d 314 , (1982). In Brown v.