Case law

T.L.B. v. State of Alabama (Appeal from Morgan Circuit Court: CC-18-1562 and CC-18-1563)

Court of Criminal Appeals of Alabama · May 2, 2025

Berry [v. State], 630 So. 2d [127,] 129 [(Ala. Crim. App. 1993)] (citing Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232, 51 L.Ed.2d 424 (1977); Kitchens v. … In Wheat v.

Malloy v. State

357 So. 2d 671 · Court of Criminal Appeals of Alabama · Feb 7, 1978

McCord stated that she was familiar with the 1973 opinion of Preston v. … The *674 Supreme Court of Alabama in Williams v.

Adair v. State

53 Ala. App. 251 · Court of Criminal Appeals of Alabama · Jul 30, 1974

Constantine v. Constantine, 261 Ala. 40 , 72 So.2d 831 . 2 In Brown v. … See also Whistenant v. State, 50 Ala.App. 182 , 278 So.2d 183 . Brown and Whistenant should not be interpreted to extend to locked storehouses even though the storehouse is not considered part of the curtilage.

Browning v. State

886 So. 2d 887 · Court of Criminal Appeals of Alabama · Aug 29, 2003

On December 13, 2001, Browning was convicted of second-degree assault and was sentenced to 20 years in prison. We affirmed his conviction and sentence on direct appeal by unpublished memorandum. Browning v. State (No. … See also Bland v. State, 565 So.2d 1240 (Ala.Crim.App.1990).” Edivards v.

State v. Esco

911 So. 2d 48 · Court of Criminal Appeals of Alabama · Apr 29, 2005

Vitale, 447 U.S. 410, 416 , 100 S.Ct. 2260, 2265 , 65 L.Ed.2d 228 (1980); Whalen v. United States, 445 U.S. 684, 691 , 100 S.Ct. 1432, 1437 , 63 L.Ed.2d 715 (1980); Brown v. … Application of Blockbur-ger in light of the facts in question in Brown v.

Johnston v. State

54 Ala. App. 100 · Court of Criminal Appeals of Alabama · Dec 17, 1974

Probable cause has been defined in Carroll v. United States, 267 U.S. 132 , 45 S. … “And this tify condemnation’ or conviction . . . ” Brinegar v. United States, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879 ; Yeager v. State, 281 Ala. 651 , 207 So.2d 125 .

Snell v. State

723 So. 2d 105 · Court of Criminal Appeals of Alabama · Sep 11, 1998

Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969); and Brown v. State, 376 So.2d 1382 (Ala.Crim.App.1979)). … V; Const. of Ala.1901, Art. I, § 9. See Ex parte Lange, 85 U.S. (18 Wall.) 163 , 21 L.Ed. 872 (1873); Williams v. United States, 422 F.2d 1318 (5th Cir. 1970); Ex parte Williams, 510 So.2d 135 (Ala.1987); Brown v.

Bowden v. State

584 So. 2d 938 · Court of Criminal Appeals of Alabama · Apr 11, 1991

This court reversed his prior conviction in Bowden v. State, 542 So.2d 335 (Ala.Crim.App. 1989). The appellant raises four issues on appeal. We need only discuss two of these issues. … Brown testified that he heard a shotgun blast sometime between 6:30 a.m. and 6:45 a.m. on the morning of the shooting.

Finch v. State

715 So. 2d 906 · Court of Criminal Appeals of Alabama · Dec 19, 1997

The evidence in question is the testimony of Anthony Brown elicited during the State's case-in-chief. Mr. Brown testified as to how he discovered the Beretta 9mm pistol used to kill one of the victims in this case. Mr. … Brown stated that he witnessed a shootout in front of Tee's Place, a nightclub in downtown Birmingham, and that he saw an individual he did not know toss the pistol behind a dumpster, where Mr. Brown recovered it.

Mulhern v. State

494 So. 2d 787 · Court of Criminal Appeals of Alabama · Sep 12, 1986

Atchison was also at this location in a brown Mercury. Osborne went to the passenger side of the vehicle, drew his revolver and pointed it at the appellant. … The State cites Dickerson v. State , 414 So.2d 998 (Ala.Crim.App. 1982) in opposition to this contention.

Stevens v. State

418 So. 2d 212 · Court of Criminal Appeals of Alabama · Jun 8, 1982

In Barker v. … Brown was unable to give an opinion about appellant's condition at the time of the offenses.

Waldrop v. State

59 So. 3d 60 · Court of Criminal Appeals of Alabama · Mar 5, 2010

Ex parte Brown, 11 So.3d at 938 (quoting United States v. Young, 470 U.S. 1, 15 , 105 S.Ct. 1038 , 84 L.Ed.2d 1 (1985), quoting in turn United States v. … v.

Colley v. State

405 So. 2d 374 · Court of Criminal Appeals of Alabama · Feb 26, 1980

McLaren v. State, Ala.Cr.App., 353 So.2d 24 , cert. denied, Ala., 353 So.2d 35 (1977); Turk v. State, Ala.Cr.App., 348 So.2d 878 (1977); Peoples v. State, Ala.Cr.App., 338 So.2d 515 (1976); Jordan v. State, 56 Ala. … In Lassiter v.

Powell v. State

47 Ala. App. 582 · Court of Criminal Appeals of Alabama · Feb 29, 1972

Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Jemison v. State, 40 Ala.App. 581 , 120 So.2d 748 ; Aaron v. … Noah v. State, 38 Ala.App. 531 , 89 So.2d 231 ; Keeton v. State, 280 Ala. 140 , 190 So.2d 694 , certiorari denied 388 U.S. 914 , 87 S.Ct. 2123 , 18 L.Ed.2d 1354 .

Nesbitt v. State

531 So. 2d 37 · Court of Criminal Appeals of Alabama · Aug 23, 1988

See Tinsley v. State, 507 So.2d 1004 (1986). … See Wilson v. State, 428 So.2d 197 (Ala.Crim.App.1983); Weeks v. State, 473 So.2d 589 (Ala.Crim.App.1985); Garrett v. State, 480 So.2d 58 (Ala.Crim.App.1985) and Humber v. State, 481 So.2d 452 (Ala. Crim.App.1985).

Brett Tyler Wahlgren v. State of Alabama (Appeal from Jefferson Circuit Court: CC-23-1807)

Court of Criminal Appeals of Alabama · Dec 20, 2024

See also Brown v. … Brown, 432 U.S. at 170.

Ex parte Pickett

46 Ala. App. 227 · Court of Criminal Appeals of Alabama · Oct 6, 1970

See DiBella v. United States, 369 U.S. 121 , 82 S.Ct. 654 , 7 L.Ed.2d 614 and Carroll v. United States, 354 U.S. 394 , 77 S.Ct. 1332 , 1 L.Ed.2d 1442 . In Brown v. … The eliciting of additional proof against the seizure as long as not repetitive would seem warranted under Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 .

McConico v. ALABAMA DEPT. OF CORRECTIONS

893 So. 2d 577 · Court of Criminal Appeals of Alabama · Apr 30, 2004

Board of Pardons Paroles , 627 So.2d 945 (Ala.Civ.App. 1993). By contrast, the writ of habeas corpus was traditionally not available until an inmate was entitled to immediate release. See, e.g., Aaron v. … Hill v. State , 594 So.2d 246 , 248 (Ala.Crim.App. 1992) (quoting Hendking v.

Nelson v. State

517 So. 2d 644 · Court of Criminal Appeals of Alabama · Nov 10, 1987

. *646 Nevertheless, since the failure to timely perfect an appeal under the foregoing rules can constitute the basis of an allegation of inadequate or ineffective assistance of counsel, see Longmire v. … State, 443 So.2d 1263 (Ala.Cr.App.1981), rev’d 443 So.2d 1265 (Ala.1982), on remand, 443 So.2d 1270 (Ala.1984) and Brown v.

Patterson v. State

344 So. 2d 543 · Court of Criminal Appeals of Alabama · Mar 1, 1977

Dyer v. State, 241 Ala. 679 , 4 So.2d 311 ; Aaron v. State, 273 Ala. 337 , 139 So.2d 309 . Under the present circumstances an abuse of discretion was not shown. … The statute also states that in order for the chemical analysis of the breath to be considered valid, it shall have been performed according to the methods approved by the State Board of Health. In Patton v.