Case law

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.

Hudson v. State

49 Ala. App. 282 · Court of Criminal Appeals of Alabama · Apr 8, 1971

State, 23 Ala.App. 409 , 126 So. 186 ; Brown et al. v. State, 31 Ala.App. 529 , 19 So.2d 88 . And each case must stand on its own particular facts. Pearce v. State, 231 Ala. 150 , 164 So. 118 ; Skumro v. … See Pearce v. State, 26 Ala.App. 492 , 164 So. 114 , cert. denied 231 Ala. 150 , 164 So. 118 ; Usrey v. State, supra; Ross v. State, 74 Ala. 532 ; Skumro v. State, supra; Brown et al. v. State, supra.

Burditt v. State

472 So. 2d 704 · Court of Criminal Appeals of Alabama · May 28, 1985

Moreover, the appellant avers that he was not furnished with a written statement showing the basis of the disciplinary board’s action or the hearing thereon. I This court in Rice v. … Williams v. Davis, 386 So.2d 415 (Ala.1980); Washington v. State, 405 So.2d 62 (Ala.Crim.App.1981); Fielding v. State, 409 So.2d 964 (Ala.Crim.App.1981), cert. denied, 409 So.2d 964 (Ala.1982).

Johnson v. State

51 Ala. App. 76 · Court of Criminal Appeals of Alabama · Feb 27, 1973

He first saw the Appellant standing by a bronze colored Cadillac with Motor Scout Sharp at around 1:30 P.M. on May 17, 1971, just west of the intersection of Clinton and Brown Streets. … The case of Wiggins v. State, 25 Ala.

Manson v. State

349 So. 2d 67 · Court of Criminal Appeals of Alabama · Apr 19, 1977

Hochman v. … In State v.

Perry v. State

511 So. 2d 268 · Court of Criminal Appeals of Alabama · Jun 30, 1987

In order to satisfy due process the decision of a prison disciplinary board must not be arbitrarily or capriciously made but must be “based upon substantial evidence.” Barker v. State, 437 So.2d 1375, 1377 (Ala.Cr. … Washington v. State, supra; Wolff 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.

Hutchinson v. State

516 So. 2d 889 · Court of Criminal Appeals of Alabama · Jun 30, 1987

An hour or more later, they observed a brown Ford Mustang drive past. It had two males in it, and the officer recognized the driver as Robert Johnson. … Phillips v. State , 409 So.2d 918 (Ala.Cr.App. 1981); Cartee v. State , 390 So.2d 1121 (Ala.Cr.App. 1980); Carpenter v. State , 380 So.2d 368 (Ala.Cr.App. 1980); Brazell v.

Cronnon v. State

56 Ala. App. 192 · Court of Criminal Appeals of Alabama · Jun 30, 1975

Bolton v. State, 21 Ala.App. 373 , 108 So. 631 .” See Howard v. … In Harnage v.

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.

Ex Parte Bryant

675 So. 2d 552 · Court of Criminal Appeals of Alabama · Mar 22, 1996

Gen., Lavette Lyas-Brown, Asst. Atty. Gen., and John Tyson, Jr., District Atty., Mobile, for Respondent. TAYLOR, Presiding Judge. The petitioner, Thomas E. … Board of Trustees of the University of Alabama, 436 So.2d 837, 841 (Ala. 1983). `The appellant must present evidence to prove the personal bias of a judge, or else his motion cannot prevail.' Slinker v.

Smith v. State

56 Ala. App. 384 · Court of Criminal Appeals of Alabama · Jul 29, 1975

He wore a brown wig and a pair of sun glasses. … Brasher v. State, 249 Ala. 96 , 30 So.2d 31 .’ ” We observe, as the principle was stated in People v.

Norwood v. State

424 So. 2d 1351 · Court of Criminal Appeals of Alabama · Oct 12, 1982

Butler v. State, 344 So.2d 203, 205 (Ala.Cr.App.1977). “When punishment is imposed within the limits defined by the punishing statute, we have no jurisdiction to review such.” Brown v. … State, 392 So.2d 1248, 1265 (Ala.Cr.App.1980), cert. denied, Ex parte Brown, 392 So.2d 1266 (Ala.1981).

Coburn v. State

424 So. 2d 665 · Court of Criminal Appeals of Alabama · Oct 12, 1982

Appellant relies on Brown v. City of Tuscaloosa , 196 Ala. 475 , 71 So. 672 (1916), as authority for the proposition that the variance is fatal. … Pickett v. State , 391 So.2d 154 (Ala.Crim.App. 1980); Collins v. State , 364 So.2d 368 (Ala.Crim.App. 1978); Brown v. State , 392 So.2d 1248 (Ala.Crim.App.), cert. denied , 392 So.2d 1266 (Ala. 1980).

Wood v. State

715 So. 2d 812 · Court of Criminal Appeals of Alabama · Jul 3, 1996

According to Brown, later on the night that the appellant was arrested, Salter led him and other officers to a wooded area near the shed, where, Brown said, they found a shotgun under some leaves. … Jackson v. State , 640 So.2d 1025 , 1037 (Ala.Cr.App. 1992); Carroll v.

Brummitt v. State

344 So. 2d 1261 · Court of Criminal Appeals of Alabama · Apr 19, 1977

Hooper v. State, 106 Ala. 41 , 17 So. 679 . … The Supreme Court in Brown v.

Ex Parte Miller

54 Ala. App. 590 · Court of Criminal Appeals of Alabama · Apr 1, 1975

Phillips v. State, 40 Ala.App. 698 , 122 So.2d 551 — adhering to McNally v. Hill, 293 U.S. 131 , 55 S.Ct. 24 , 79 L.Ed. 238 . See also Magee v. State, 42 Ala.App. 71 , 152 So.2d 443 . … Any controversy over the future length of a sentence (after conviction and appeal barred by time) is between the prisoner and, either or both, the Board of Corrections and/or the Pardon and Parole Board.

Daughtry v. State

589 So. 2d 780 · Court of Criminal Appeals of Alabama · Sep 20, 1991

See also Wakefield v. State, 562 So.2d 1364 (Ala.Cr.App.1989), cert. denied, 562 So.2d 1365 (Ala.1990); Hunter v. State, 515 So.2d 114 (Ala.Cr.App.1987); Evans v. State, 485 So.2d 402 (Ala.Cr.App.1986); Williams v. … However, subsequently, in Thompson v. State, 504 So.2d 747 (Ala.Cr.App.1987), we adopted the evidentiary standard set out by the Court in Superintendent, Massachusetts Correctional Institution, Walpole v.

Butler v. State

531 So. 2d 52 · Court of Criminal Appeals of Alabama · May 24, 1988

The custodian of the records of Opelika Water Board and Power Department testified that the appellant was responsible for the water and power bills at the address of the house that was searched. … See Hamilton v. State , supra, at 104.

Mayes v. State

47 Ala. App. 672 · Court of Criminal Appeals of Alabama · Mar 7, 1972

In Brown v. State, 45 Ala.App. 265 , 229 So.2d 40 , this Court said: “ . . . … See Knox v. State, 42 Ala.App. 578 , 172 So.2d 787 , cert. den. 277 Ala. 699 , 172 So.2d 795 ; Aguilar v. State of Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 ; Mapp v.