Case law

Hinton v. State

172 So. 3d 338 · Court of Criminal Appeals of Alabama · Dec 19, 2008

See Burgess v. … See Walls v. State, 926 So.2d 1156 (Fla.2006); State v. Leonard, 157 Ohio App.3d 653 , 813 N.E.2d 50 (2004); Brown v. State, 798 So.2d 481 (Miss.2001); and Turpin v. Bennett, 270 Ga. 584 , 513 S.E.2d 478 (1999).

Amison v. State

186 So. 3d 984 · Court of Criminal Appeals of Alabama · Dec 19, 2014

The Supreme Court stated in Ball v. … Carlisle, 963 So.2d at 170-71 ; see also Brown v. State, 171 So.3d 102, 110 (Ala. Crim.App.2014). Amison’s two felony-murder convictions for killing Richardson cannot stand under Carlisle, 963 So.2d at 170-71 .

Harris v. State

57 Ala. App. 253 · Court of Criminal Appeals of Alabama · Feb 17, 1976

Their testimony was that Harris and another man took record albums from store counters, put them in a brown paper sack, went through an unattended cash register aisle, and left the store without paying. … See Burleson v. State, 52 Ala.App. 399 , 293 So.2d 317 . The judgment below is Affirmed. All the Judges concur. . See Jones v. State, 55 Ala.App. 274 , 314 So.2d 876 .

State v. White

28 So. 3d 827 · Court of Criminal Appeals of Alabama · Aug 7, 2009

Officer Butterbrodt testified that when White jumped out of his vehicle he threw a “brown cigar” on the ground, which Officer Butterbrodt believed to be marijuana. … See, e.g., Brown v. Texas, [ 443 U.S. 47, 51 , 99 S.Ct. 2637 , 61 L.Ed.2d 357 (1979) ]; United States v.

Poole v. State

645 So. 2d 330 · Court of Criminal Appeals of Alabama · Apr 15, 1994

Once the appellant was on the porch, he moved a board that was nailed to the front of the house and began to reach behind the board. … Harris v. State, 539 So.2d 1117 (Ala. Cr.App.1988).

Robinson v. State

389 So. 2d 144 · Court of Criminal Appeals of Alabama · Jun 17, 1980

In Lawson v. … Moore v. State , Ala.Cr. App., 364 So.2d 411 ; Holt v. State , 49 Ala. App. 582 , 274 So.2d 356 ; Veith v. State , supra; Hall v. State , 24 Ala. App. 75 , 130 So. 531 .

Browning v. State

51 Ala. App. 632 · Court of Criminal Appeals of Alabama · Jan 2, 1974

Browning, and the court asked if any further motions should be filed in the case. … State, 283 Ala. 694 , 220 So.2d 882 ; Nickerson v. State, 283 Ala. 387 , 217 So.2d 536 ; Gandy v. State, 49 Ala.App. 123 , 269 So.2d 141 ; Payne v.

Tinsley v. State

507 So. 2d 1004 · Court of Criminal Appeals of Alabama · May 15, 1987

Collier v. State , 473 So.2d 1179 (Ala.Crim.App. 1985), Baker v. State , 477 So.2d 496 (Ala.Crim.App. 1985), Grice v. State , 481 So.2d 449 (Ala.Crim.App. 1985). … See Griffith v. Kentucky , --- U.S. ---, 106 S.Ct. 2274 , 90 L.Ed.2d 717 (1986) and Brown v. United States , --- U.S. ---, 106 S.Ct. 2275 , 90 L.Ed.2d 718 (1986).

Temple v. State

555 So. 2d 282 · Court of Criminal Appeals of Alabama · Jul 21, 1989

See Jenkins v. State, 516 So.2d 944 (Ala.Cr.App.1987). Those facts not refuted by the State are deemed true. Owens v. State, 507 So.2d 576 (Ala.Cr.App.1987). … See Ex parte Boatwright, 471 So.2d 1257 (Ala.1985); Austin v. State, 533 So.2d 637 (Ala.Cr.App.1987).

Curtis v. City of Sheffield

502 So. 2d 829 · Court of Criminal Appeals of Alabama · Jul 15, 1986

Additionally, the rules and procedures issued by the State Board of Health to be followed by police officers in administering the P.E.I. test are admissible, Parker v. State, supra, at 202. … This court, in Charles v.

King v. State

435 So. 2d 769 · Court of Criminal Appeals of Alabama · Jul 5, 1983

Weaver v. State , 401 So.2d 344 , (Ala.Cr.App. 1981); Fletcher v. State , 291 Ala. 67 , 277 So.2d 882 (1973); Peaden v. State , *Page 771 275 Ala. 72 , 152 So.2d 136 (1963). … BROWN: That's why we asked that that subpoena list be made a part of the record of this trial.

Bentley v. State

450 So. 2d 197 · Court of Criminal Appeals of Alabama · Mar 20, 1984

Snider v. State , 422 So.2d 807 (Ala.Cr.App. 1982); Hardy v. State , 409 So.2d 996 (Ala.Cr.App. 1982); Duncan v. State , 278 Ala. 145 , 176 So.2d 840 (1965); Bills v. State , 49 Ala. … See Shorts v. State , 412 So.2d 830 (Ala.Cr.App. 1981); Hardy v. State , supra.

Baker v. State

651 So. 2d 72 · Court of Criminal Appeals of Alabama · Sep 30, 1994

Sellers v. State, 586 So.2d 994, 995 (Ala.Cr.App.1991). See also Ellard v. State, 474 So.2d 743, 748 (Ala.Cr.App.1984), affirmed, 474 So.2d 758 (Ala.1985). … See Ellard v. State, 474 So.2d at 752. See generally Ex parte Edgar, 543 So.2d 682, 684 (Ala.1989).

J.M.V. v. State

651 So. 2d 1087 · Court of Criminal Appeals of Alabama · May 27, 1994

Brown v. State, 353 So.2d 1384, 1387-88 (Ala.1977). At the probable cause phase, the court must find that “a reasonable man would believe the crime occurred and that the defendant committed it.” Duncan v. … Endlich on Interp. of Stat. §§ 7, 8.” ’ Board of Education of Jefferson County v. State, 222 Ala. 70, 74, 75 , 131 So. 239, 243 [1930].” Rodgers v. Meredith, 274 Ala. 179, 182 , 146 So.2d 308, 310 (1962).

State v. King

23 So. 3d 72 · Court of Criminal Appeals of Alabama · Jul 25, 2008

The term does require such professional oversight and direction as may be required by the rules and regulations of the State Board of Medical Examiners and the Board of Nursing.” … of Medical Examiners and the Board of Nursing.”

OM v. State

595 So. 2d 514 · Court of Criminal Appeals of Alabama · Sep 20, 1991

A juvenile transfer proceeding is a "probable cause hearing" Brown v. State, 353 So.2d 1384, 1387 (Ala.1977); Gallagher v. State, 425 So.2d 1079, 1080 (Ala.1983), at which hearsay is admissible, Gulledge v. … So *527 I left my house to go and find Benny Brown.

Martin v. State

449 So. 2d 801 · Court of Criminal Appeals of Alabama · Apr 10, 1984

Barnhill v. State , 439 So.2d 822 (Ala.Cr.App. 1983); Barker v. State , 437 So.2d 1375 (Ala.Cr.App. 1983); O'Such v. State , 423 So.2d 317 (Ala.Cr.App. 1982). … The "Committee findings reasons" are stated as follows on the Disciplinary Report: "In closed session and on secret ballot the board finds inmate Martin guilty as charged.

Byrd v. State

10 So. 3d 624 · Court of Criminal Appeals of Alabama · Oct 31, 2008

Brown v. State, 701 So.2d 314, 316 (Ala.Crim.App.1997). Even constitutional issues must be properly preserved for appellate review. Brown v. State, 705 So.2d 871, 875 (Ala.Crim.App.1997). … In Donahoo v. St.

Small v. State

344 So. 2d 528 · Court of Criminal Appeals of Alabama · Jan 4, 1977

Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Oury v. State, 53 Ala.App. 240 , 298 So.2d 661 . … Hines v. State, 260 Ala. 668 , 72 So.2d 296 ; Felton v. State, 47 Ala.App. 182 , 252 So.2d 108 ; Haggler v. State, 49 Ala.App. 259 , 270 So.2d 690 . The judgment of conviction is affirmed. AFFIRMED.

McDonald v. State

570 So. 2d 879 · Court of Criminal Appeals of Alabama · Sep 21, 1990

The attorney general points out that under Lane v. Brown, 372 U.S. 477 , 83 S.Ct. 768 , 9 L.Ed.2d 892 (1963) and Simpson v.