Case law

State v. Compton

711 So. 2d 1114 · Court of Criminal Appeals of Alabama · Jun 20, 1997

See Hopkins v. State, 661 So.2d 774 (Ala.Cr.App.1994); Cook v. State, 574 So.2d 905 (Ala.Cr.App.1990). The order of the trial court granting the motion to suppress was proper. AFFIRMED. … All Judges concur, except BROWN, J., who concurs in result only, without opinion.

Smith v. City of Huntsville

515 So. 2d 72 · Court of Criminal Appeals of Alabama · Dec 30, 1986

Board has promulgated a rule (20-X-6-.12) concerning licensees and that the rule prohibits only bottomless dancers. … The Huntsville law in this case is not in conflict with the state statute or, more specifically, the ABC Board’s regulation. “A municipality has the authority to enact ordinances pursuant to its police powers, Ott v.

Nolen v. State

376 So. 2d 1145 · Court of Criminal Appeals of Alabama · Sep 4, 1979

Brown, of McDonald, Brown & Tipler, Birmingham, for appellant. Charles A. Graddick, Atty. Gen. and Thomas R. Allison, Asst. Atty. Gen., for the State. BOWEN, Judge. … Hatch v. State, 144 Ala. 50 , 40 So. 113 (1906); Pickens v. State, 115 Ala. 42, 52 , 22 So. 551 (1897); Carlisle v. State, 356 So.2d 702 (Ala.Cr.App.), cert. denied, 356 So.2d 703 (Ala.1978).

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.

Price v. State

52 Ala. App. 21 · Court of Criminal Appeals of Alabama · Jan 15, 1974

McCall v. State, 262 Ala. 414 , 79 So.2d 51 ; Hines v. State, 260 Ala. 668 , 72 So.2d 296 . … Goldin v. State, 271 Ala. 678 , 127 So.2d 375 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 .

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.

Williamson v. State

384 So. 2d 1224 · Court of Criminal Appeals of Alabama · Jun 17, 1980

Appellant's skin is medium brown in color and the others were various shades of brown and black. The lineup participants stood in the hallway about 10 or 15 feet from Sergeant Hurst and Mr. Ray. … The defendant relies on Holsclaw v.

Serritt v. State

401 So. 2d 248 · Court of Criminal Appeals of Alabama · Apr 21, 1981

Tarver v. State , 53 Ala. App. 661 , 303 So.2d 161 (1974); Herndon v. State , Ala.Cr.App., 373 So.2d 1244 (1979); Golston v. State , Ala.Cr.App., 371 So.2d 471 (1979) and Casher v. … As in Watson , supra and Thatch v.

Thomas v. State

370 So. 2d 1066 · Court of Criminal Appeals of Alabama · Dec 19, 1978

One of these witnesses was the Carrie Bell Brown that appellant called from Mrs. Jackson's house. … Miranda v. Arizona , supra; see also Johnson v. Zerbst , 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938); Lewis v. State , 295 Ala. 350 , 329 So.2d 599 (1976)." In Miranda v.

State v. Ellis

71 So. 3d 41 · Court of Criminal Appeals of Alabama · Oct 1, 2010

.' *45 Stiles v. Brown, 380 So.2d 792, 794 (Ala. 1980) (citations omitted). … Brown v. State, 821 So.2d 219, 223 (quoting, Whren v. United States, 517 U.S. 806, 809-10 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996) (citations omitted)). The majority concludes that because Cpl.

Berry v. State

698 So. 2d 225 · Court of Criminal Appeals of Alabama · Aug 23, 1996

As this court held in Brown v. State , 668 So.2d 102 (Ala.Crim.App. 1995): " '[T]he suspect must unambiguously request counsel. … Brown , supra. See, Moran v.

Prince v. State

354 So. 2d 1186 · Court of Criminal Appeals of Alabama · Dec 20, 1977

II In Barker v. … Hoskins v. Wainwright , 485 F.2d 1186 , 1192 (5th Cir. 1973); see Prince v. Alabama , supra. In Smith v.

Lee v. State

349 So. 2d 138 · Court of Criminal Appeals of Alabama · Aug 16, 1977

Oyler v. Boles, 368 U.S. 448 , 82 S.Ct. 501 , 7 L.Ed.2d 446 (1962). … “The fact that some inmates may have been released prematurely because the Board of Corrections was relying upon a misapprehension of the law cannot work a discrimination because of the Board’s refusal to release others.

May v. State

356 So. 2d 772 · Court of Criminal Appeals of Alabama · Mar 21, 1978

The deceased, Robert Lee Brown, was in the living room during the shooting and died from a .32 caliber bullet wound in his head. … Brown v. State, Ala.Cr.App., 331 So.2d 820 (1976). From the evidence presented we can find no fact which would give the jury reason to doubt the appellant’s commission of the homicide.

Stoutmire v. State

358 So. 2d 508 · Court of Criminal Appeals of Alabama · May 2, 1978

In light of State v. Blackwell, 9 Ala. 79 (1846) and Chapman v. State, 78 Ala. 463 , 56 Am.Rep. 42 (1885), Brown v. State, 48 Ala.App. 456 , 265 So.2d 898 (1972), affords no clarification of this issue. … With reference to Brown v. State, 48 Ala.App. 456 , 265 So.2d 898 , this Court dealt with an assault with intent to rob.

Sullivan v. State

944 So. 2d 164 · Court of Criminal Appeals of Alabama · May 26, 2006

Sullivan v. State , 586 So.2d 309 (Ala.Crim.App. 1991) (table). … Boyd v. State , 746 So.2d 364 , 406 (Ala.Crim.App. 1999). In other words, it is not the pleading of a conclusion "which, if true, entitle[s] the petitioner to relief.' Lancaster v.

Frith v. State

729 So. 2d 352 · Court of Criminal Appeals of Alabama · Nov 20, 1998

LONG, P.J., and McMILLAN, COBB, and BROWN, JJ., concur. BASCHAB, J., recuses herself. … LONG, P.J., and McMILLAN, COBB, and BROWN, JJ., concur. BASCHAB, J., recuses. *Page 355

Gholston v. State

338 So. 2d 454 · Court of Criminal Appeals of Alabama · Aug 31, 1976

Browning, 257 Ala 72, 57 So 2d 530; Ferlise [Ferlesie or Ferlise] v Cook 201 Ala 571, 78 So 915; Thomas Furnace Co v Carroll, 204 Ala 263, 85 So 455; Lynn v State, 37 Ala App 400, 69 So 2d 485, syl 4; Lawson v State, 36 Ala … In State Board of Medical Examiners v. Friedman, 150 Tenn. 152 , 263 S.W. 75 , there was involved a violation of the Harrison Anti-Narcotic Act.

Boyd v. State

350 So. 2d 757 · Court of Criminal Appeals of Alabama · Oct 4, 1977

In Parker v. … In speaking to the pertinent language of the forerunner of the statute, the Supreme Court in Brown v.

Madison v. State

718 So. 2d 90 · Court of Criminal Appeals of Alabama · Jan 17, 1997

In Floyd v. … Co. v.