Case law

Morrison v. State

398 So. 2d 730 · Court of Criminal Appeals of Alabama · Nov 20, 1979

Brown gave her any additional verbal information, the trial judge ruled that Brown's additional testimony was given at the time the affidavit was made. … Ard v. State, supra .

Moulds v. State

502 So. 2d 384 · Court of Criminal Appeals of Alabama · Dec 9, 1986

To comport with due process, a state disciplinary board’s decision must not have been made arbitrarily or capriciously, but must be based upon substantial evidence. Washington v. State, 405 So.2d 62 (Ala.Cr.App.1981). … Wolff v. McDonnell, supra; Washington v. State, supra.

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.

Ray v. State

580 So. 2d 103 · Court of Criminal Appeals of Alabama · Mar 1, 1991

However, this court in Stewart v. … This court stated in Barnes v.

Williams v. State

616 So. 2d 374 · Court of Criminal Appeals of Alabama · Mar 5, 1993

Judge Bowen, writing for a unanimous court in Lyons v. … Osborn v. Brown, 361 So.2d 82, 86 (Ala.1978). It is not necessary that the photographs at issue here have been authenticated in this manner.

Campbell v. State

439 So. 2d 718 · Court of Criminal Appeals of Alabama · Mar 1, 1983

Two brown paper bags sealed with duct tape were found under a bed. Inside the paper bags were fifteen small plastic "baggies," each containing approximately one hundred white pills. … According to Sheryl, a friend of hers, Art Burleson, brought the two brown paper bags to the house on the morning of February 20, and requested her to keep them until the next afternoon.

Washington v. State

405 So. 2d 62 · Court of Criminal Appeals of Alabama · Oct 6, 1981

To comport with "due process" the board's decision must not have been made arbitrarily or capriciously but should have been based upon "substantial evidence." Aikens v. … Williams v. Davis, supra. The board should file a return in circuit court and include this information in same. The record before us does not contain the required statement by the disciplinary board.

Jones v. State

665 So. 2d 982 · Court of Criminal Appeals of Alabama · Feb 10, 1995

Anderson and Brown searched the appellant and found a pack of rolling papers in his left shirt pocket. … McMillian v. State, 594 So.2d 1253 (ALa.Cr.App.1991); Faircloth v. State, 471 So.2d 485 (Ala.Cr.App.1984), aff'd, 471 So.2d 493 (Ala.1985); Cumbo v.

Cooks v. State

55 Ala. App. 538 · Court of Criminal Appeals of Alabama · Jun 17, 1975

Noggle testified that in the envelope he found a clear plastic bag, which contained a green-brown vegetable matter. … Fikes v. State, 352 U.S. 191 , 77 S.Ct. 281 , 1 L.Ed.2d 246 ; Hutto v. State, 278 Ala. 416 , 178 So.2d 810 (1965) ; Braggs v. State, 283 Ala. 570 , 219 So.2d 396 (1969).

Coleman v. State

93 So. 3d 145 · Court of Criminal Appeals of Alabama · Sep 30, 2011

See also Browning v. … See Browning v. State, 607 So.2d at 343 n. 1 (“When an ‘actual’ conflict of interest is proven, we will reverse the judgment even though the issue was not first presented to the trial court.”).

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.

Derrick Dearman v. State of Alabama

Court of Criminal Appeals of Alabama · Mar 24, 2023

See Dearman v. State, [No. CR-18-0060, August 5, 2022] ___ So. 3d ___ (Ala. Crim. App. 2022). … Brown v. Sanders, 546 U.S. at 220. In other words, it is the facts supporting an aggravating circumstance that must be considered in determining whether a sentence of death should be imposed.

Meeks v. State

437 So. 2d 1372 · Court of Criminal Appeals of Alabama · Aug 30, 1983

In the room in a brown paper bag various controlled substances were found for which Meeks was indicted. … New York, 442 U.S. 200 , 99 S.Ct. 2248 , 60 L.Ed.2d 824 ; Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 . REVERSED AND REMANDED. All the Judges concur.

Collins v. State

391 So. 2d 1078 · Court of Criminal Appeals of Alabama · Oct 28, 1980

And I pulled the brown paper sack out of there, the brown bag, envelope [which contained marijuana] and asked him whose that was. And he said I don't know. "Q. Did you ask Cathy Russaw? "A. Yes. "Q. … Washington v. State , 274 Ala. 386 , 148 So.2d 206 (1962); Smith v. State , Ala.Cr.App., 342 So.2d 422 (1977); Barker v. State , 55 Ala.Cr.App. 322, 315 So.2d 129 , cert. denied 294 Ala. 752 , 315 So.2d 130 (1975).

Kyzer v. State

399 So. 2d 317 · Court of Criminal Appeals of Alabama · Aug 21, 1979

Young v. … V.

Thornton v. State

55 Ala. App. 462 · Court of Criminal Appeals of Alabama · Jun 30, 1975

Watkins v. State, 50 Ala.App. 111 , 277 So.2d 385 (1973). … Kirby v.

Stoves v. State

238 So. 3d 681 · Court of Criminal Appeals of Alabama · Mar 17, 2017

Officer Brown went inside, and shortly thereafter Antarius entered the store. Officer Brown testified that Antarius seemed "winded" and that "his pants were wet and he was bleeding from his hand." … Officer Brown asked Antarius what was going on, and Antarius replied that someone was robbing his house.

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.

State v. Ballard

341 So. 2d 957 · Court of Criminal Appeals of Alabama · Aug 31, 1976

Brown at 494 , 164 So.2d at 490 (Emphasis added). … Justice Brown in Spooney v.

Baker v. State

736 So. 2d 1133 · Court of Criminal Appeals of Alabama · Aug 28, 1998

On appeal, counsel filed a motion to withdraw and a brief in substantial compliance with Anders v. … Long, P.J., and McMillan, Cobb, and Brown, JJ., concur.