(a) Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under the laws of this state.
(b) If the trial court determines that the defendant would be prejudiced by the admission of the documents described in subsection (a) the court may admit into evidence and inform the jury of the fact of the conviction but not allow the jury to view the prejudicial documents.
(c) If the document described in subsection (a) indicates that the defendant was represented by an attorney, it is presumed that the attorney was present in court with the defendant at all critical stages of the proceeding.
(Acts 1987, No. 87-604, p. 1051, §§1-3.)
Notes of Decisions
Cited in
13
cases, 1991–2015 · leading case:
Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996).
Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996).
· cites it 2× “We further note that the appellant's counsel even referred to the prior conviction when, in arguing to the jury in the sentencing phase, he stated, "A conviction in 1970, a debt that has been paid.”
Bush v. State, 92 So. 3d 121 (Ala. Crim. App. 2009).
· cites it 2× “[[Image here]] “Section 13A-5-10.1, which pertains to the proof of prior felony convictions for enhancement under the Habitual Felony Offender Act, provides, ‘Certified copies of the case action summary sheets, docket sheets, or other records of the court are admissible for the…”
Ginn v. State, 894 So. 2d 793 (Ala. Crim. App. 2004).
“See also § 13A-5-10.1(a), Ala.Code 1975 ("Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime.”
Ex Parte Hagood, 777 So. 2d 214 (Ala. 1999).
“Section 13A-5-10.1(a), Ala.Code 1975, provides that "[c]ertified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under the…”
Yancey v. State, 65 So. 3d 452 (Ala. Crim. App. 2009).
“This court noted that the docket sheet showed that he was represented by a certain attorney at arraignment and at the guilty-plea and sentencing proceedings. “If the court document indicates that a defendant was represented by counsel, it is presumed that counsel was present at…”
Jones v. White, 992 F.2d 1548 (11th Cir. 1993).
“” Ala.Code § 13A-5-10.1 (Supp.1992). After this statute was enacted, Alabama courts held that prior convictions could be proved by a certified minute entry, a certified judgment entry, or by the defendant’s admission of the prior conviction.”
Gray v. State, 658 So. 2d 507 (Ala. Crim. App. 1992).
· cites it 2× “The Jefferson County convictions consist of two case action summaries, each page of which bears, on either the front or the back, the certification of the Jefferson circuit clerk and which satisfies § 13A-5-10.1(a). The appellant contends that these case action summaries are not…”
Daughtry v. State, 587 So. 2d 1286 (Ala. Crim. App. 1991).
“See § 13A-5-10.1, Code of Alabama 1975. The prosecution showed proof of four prior convictions for burglary in the third degree and three prior convictions of theft of property.”
Harris v. State, 826 So. 2d 897 (Ala. Crim. App. 2000).
“Section 13A-5-10.1(a), Ala.Code 1975, states: *899 “Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under the laws…”
Poole v. State, 710 So. 2d 497 (Ala. Crim. App. 1997).
· cites it 3× “The certified copies of the “Bill of Indictment,” “Final Disposition,” and “Prisoner’s Personal History Sheet” in case number 86-R-19 are clearly “other records of the court” under § 13A-5-10.1 and unquestionably show that Poole pleaded guilty to three offenses — armed robbery,…”
Tubbs v. State, 931 So. 2d 66 (Ala. Crim. App. 2005).
“Although Tubbs argues that subsequent entries on the case action summary sheet do not affirmatively reflect that he was represented or accompanied by counsel when appearing in court for sentencing, § 13A-5-10.1(e), Ala.Code 1975, provides that where a court record “indicates…”
Summerford v. State, 621 So. 2d 1346 (Ala. Crim. App. 1993).
“Section 13A-5-10.1(a), Code of Alabama 1975, provides: “(a) Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under…”
Ala. Code § 13A-5-10.1(a): 7 cases
Ginn v. State, 894 So. 2d 793 (Ala. Crim. App. 2004).
“See also § 13A-5-10.1(a), Ala.Code 1975 ("Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime.”
Ex Parte Hagood, 777 So. 2d 214 (Ala. 1999).
“Section 13A-5-10.1(a), Ala.Code 1975, provides that "[c]ertified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under the…”
Gray v. State, 658 So. 2d 507 (Ala. Crim. App. 1992).
“The Jefferson County convictions consist of two case action summaries, each page of which bears, on either the front or the back, the certification of the Jefferson circuit clerk and which satisfies § 13A-5-10.1(a). The appellant contends that these case action summaries are not…”
Harris v. State, 826 So. 2d 897 (Ala. Crim. App. 2000).
“Section 13A-5-10.1(a), Ala.Code 1975, states: *899 “Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under the laws…”
Summerford v. State, 621 So. 2d 1346 (Ala. Crim. App. 1993).
“Section 13A-5-10.1(a), Code of Alabama 1975, provides: “(a) Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under…”
Ala. Code § 13A-5-10.1(c): 3 cases
Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996).
“We further note that the appellant's counsel even referred to the prior conviction when, in arguing to the jury in the sentencing phase, he stated, "A conviction in 1970, a debt that has been paid.”
Bush v. State, 92 So. 3d 121 (Ala. Crim. App. 2009).
“[[Image here]] “Section 13A-5-10.1, which pertains to the proof of prior felony convictions for enhancement under the Habitual Felony Offender Act, provides, ‘Certified copies of the case action summary sheets, docket sheets, or other records of the court are admissible for the…”
Yancey v. State, 65 So. 3d 452 (Ala. Crim. App. 2009).
“This court noted that the docket sheet showed that he was represented by a certain attorney at arraignment and at the guilty-plea and sentencing proceedings. “If the court document indicates that a defendant was represented by counsel, it is presumed that counsel was present at…”
Ala. Code § 13A-5-10.1(e): 2 cases
Tubbs v. State, 931 So. 2d 66 (Ala. Crim. App. 2005).
“Although Tubbs argues that subsequent entries on the case action summary sheet do not affirmatively reflect that he was represented or accompanied by counsel when appearing in court for sentencing, § 13A-5-10.1(e), Ala.Code 1975, provides that where a court record “indicates…”
Poole v. State, 710 So. 2d 497 (Ala. Crim. App. 1997).
“The certified copies of the “Bill of Indictment,” “Final Disposition,” and “Prisoner’s Personal History Sheet” in case number 86-R-19 are clearly “other records of the court” under § 13A-5-10.1 and unquestionably show that Poole pleaded guilty to three offenses — armed robbery,…”
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