Case law

Alford v. State

651 So. 2d 1109 · Court of Criminal Appeals of Alabama · Jul 8, 1994

He also contended that, as part of the plea agreement, the state agreed to amend the indictment to change the dangerous weapon used from a "2["] x 4["] board" to a "3/4" x 2 1/4" board." … a "2["] x 4["] board," and that the state agreed he would placed on probation.

Owens v. State

531 So. 2d 22 · Court of Criminal Appeals of Alabama · Jul 19, 1988

We fail, at this juncture, to see how any explanation can meet the four articulated requirements if it is based, in part, on race unless, of course, it falls within the exception recognized by United States v. Brown . … Batson; United States v. Brown . Thus, based upon the record before us, we are constrained to find the court's ruling "clearly erroneous." [2] "It is important to emphasize, as [the court] did in United States v.

Walden v. State

552 So. 2d 192 · Court of Criminal Appeals of Alabama · Sep 29, 1989

A officer cannot sit on a disciplinary hearing board, if he has prior knowledge of incident. "13. COI Willie Sims did have prior knowledge of incident and sat on hearing board, in violation of my due process." … Jensen v. Satran , 688 F.2d 76 , 78 (8th Cir. 1982), cert. denied, 460 U.S. 1007 , 103 S.Ct. 1244 , 75 L.Ed.2d 475 (1983). See also Piccirillo v. Wainwright , 382 So.2d 743 (Fla.Dist.Ct.App. 1980).

Jones v. State

680 So. 2d 964 · Court of Criminal Appeals of Alabama · Mar 8, 1996

Dothard also identified a Social Security card, a Birmingham Board of Education name tag, and a library card that belonged to her daughter. … As noted by Justice Blackmun in United States v.

Lawton v. State

723 So. 2d 826 · Court of Criminal Appeals of Alabama · Oct 23, 1998

Goodwin v. State, 720 So.2d 1050 (Ala.Cr.App.1998). Therefore, this appeal is due to be dismissed. APPEAL DISMISSED. LONG, P.J., and COBB, BROWN, and BASCHAB, JJ., concur.

Wilson v. State

56 Ala. App. 13 · Court of Criminal Appeals of Alabama · Aug 19, 1975

In Oregon v. … Brothers v. State, 236 Ala. 448 , 183 So. 433 (1938); Espey v. State, 270 Ala. 669 , 120 So.2d 904 (1960). In Anderson v.

Thompson v. State

494 So. 2d 925 · Court of Criminal Appeals of Alabama · Jun 24, 1986

Charles Teague testified that he was an airport board member in Haleyville. Because of his interest in flying, he was often at the Haleyville airport. He stated that on Sunday, April 8, 1984, he went to the airport. … He removed a small amount of brown-green plant fragments from the airplane. He subsequently analyzed these fragments and found them to be marijuana.

Bailey v. State

625 So. 2d 1182 · Court of Criminal Appeals of Alabama · Jun 18, 1993

BROWN: Because he got away. "MR. DELGROSSO: We object to it and move for a mistrial. "THE COURT: Overruled." R. 412. … Hurt v. State , 361 So.2d 1163 , 1166 (Ala.Cr.App. 1978). In Allen v.

Ellis v. State

46 Ala. App. 289 · Court of Criminal Appeals of Alabama · Dec 15, 1970

Youngblood v. State, supra and cases there cited. James L. Brown testified that the day before he took the stand as a witness defendant said to him that “if I witnessed against him he’d kill me.” … Sandlin v. State, 25 Ala.App. 311 , 146 So. 82 . The judgment is due to be and hereby is affirmed. Affirmed. ALMON, J., not sitting.

Biggs v. State

346 So. 2d 467 · Court of Criminal Appeals of Alabama · Dec 7, 1976

Alola v. State , 39 Ala. App. 215 , 96 So.2d 816 ; State of Alabama v. Standifer et al. , 5 Port. 523 ; Gunter v. State , 111 Ala. 23 , 20 So. 632 ; Brown v. State , 236 Ala. 423 , 183 So. 412 ; Jones v. State , 50 Ala. … Johnson v. State , 56 Ala. App. 627 , 324 So.2d 341 ; Brown v. State of Alabama , 277 Ala. 108 , 167 So.2d 291 .

McBride v. State

51 Ala. App. 642 · Court of Criminal Appeals of Alabama · Jan 2, 1974

Governed by Dotson v. … “As stated in Miranda v.

Seay v. State

390 So. 2d 7 · Court of Criminal Appeals of Alabama · Oct 2, 1979

Bundrick v. State, 263 Ala. 245 , 82 So.2d 309 (1955); Bass v. State, 219 Ala. 282 , 122 So. 45 (1929). … The report of the Forensic Evaluation Board was not made under the sanction of an oath and was not intended for general public information. Cordle v.

Allen v. State

453 So. 2d 770 · Court of Criminal Appeals of Alabama · Jun 26, 1984

Cooper v. Wiman, 273 Ala. 699 , 145 So.2d 216 (1962), cert. denied, 371 U.S. 958 , 83 S.Ct. 516 , 9 L.Ed.2d 505 (1963); see also, Fields v. State, 407 So.2d 186 (Ala.Crim.App.1981); Collins v. … State, 424 So.2d 693 (Ala.Crim.App.1982); Brown v. State, 429 So.2d 674 (Ala.Crim.App.1983). Consequently, the trial court’s judgment in refusing jurisdiction is due to be affirmed. AFFIRMED. All the Judges concur.

Black v. State

596 So. 2d 40 · Court of Criminal Appeals of Alabama · Sep 20, 1991

In Siebert v. … Nobis v.

Bailey v. State

375 So. 2d 1278 · Court of Criminal Appeals of Alabama · Aug 21, 1979

Luschen v. State, 51 Ala.App. 255 , 284 So.2d 282 ; Crowe v. State, 54 Ala.App. 121 , 305 So.2d 396 ; and Bass v. State, 55 Ala.App. 5 , 312 So.2d 576 . … Atchison v. State, Ala.Cr.

Ex parte K.H. v. K.H.

700 So. 2d 1201 · Court of Criminal Appeals of Alabama · Aug 6, 1997

The Board sent a notice of suspension to K.H.’s parents. … In Jenkins v.

Gillogly v. State

593 So. 2d 100 · Court of Criminal Appeals of Alabama · Jul 26, 1991

Illustrative is Palermo v. … By contrast, in Roe v.

Peoples v. State

415 So. 2d 1230 · Court of Criminal Appeals of Alabama · Jun 8, 1982

Brown v. State , 392 So.2d 1248 , 1260 (Ala.Cr.App. 1980), cert. denied, 392 So.2d 1266 (Ala. 1981). … See, Smith v. State , 409 So.2d 455 (Ala.Cr.App. 1981); Douglas v. State , 406 So.2d 1051 (Ala.Cr.App.) cert. denied, 406 So.2d 1053 (Ala. 1981). In Motley v.

Nance v. State

598 So. 2d 30 · Court of Criminal Appeals of Alabama · Feb 28, 1992

The school board was aware of that. … The issue was brought before the school board and I personally felt and feel now that to have a spouse of a school board member on this jury would be prejudicial to me and also to the case I am presenting for the State.

Sherer v. State

668 So. 2d 174 · Court of Criminal Appeals of Alabama · Jul 28, 1995

The specimen report, prepared and signed by Beasley, was considered by the hearing board and is contained in the record. No further evidence was introduced to support the hearing board’s findings. … We find support for this holding in Martin v.