green
Positive treatment
7.8 score
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998
2012
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
cited
Cited "see"
Edward T. James v. State of Florida & Edward T. James v. Secretary, Department of Corrections
See James v. Florida, 522 U.S. 1000 (1997).
discussed
Cited "see"
Thompson v. State
See Ex parte Trawick, 698 So.2d 162 (Ala.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997); McNabb v. State, 887 So.2d 929 (Ala.Crim.App.2003) (opinion on rehearing); Jackson v. State, 791 So.2d 979 (Ala.Crim.App.), cert. denied, 791 So.2d 1043 (Ala.2000), cert. denied, 532 U.S. 934 , 121 S.Ct. 1387 , 149 L.Ed.2d 311 (2001); Whitehead v. State, 777 So.2d 781 (Ala.Crim.App.1999); aff'd, 777 So.2d 854 (Ala.2000), cert. denied, 532 U.S. 907 , 121 S.Ct. 1233 , 149 L.Ed.2d 142 (2001); and Hooks v. State, 534 So.2d 329 (Ala.Crim.App.1987), aff'd, 534 So.2d 371 (Ala.1988), cert.…
discussed
Cited "see"
Duke v. State
In Pressley , the Alabama Supreme Court further noted that the mere fact that the State used a high percentage of its peremptory challenges to remove four of six African-Americans from the venire and used some of its peremptory strikes to remove females from the venire was insufficient, by itself, to establish a prima facie showing of racial or gender discrimination in the State's use of its peremptory strikes, so as to require the State to offer explanations for the strikes. 770 So.2d at 146-47 ; accord Ex parte Trawick, 698 So.2d 162, 168 (Ala.), cert. denied 522 U.S. 1000 , 118 S.Ct. 568 , …
discussed
Cited "see"
Lewis v. State
See Ex parte Trawick, 698 So.2d 162 (Ala.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997); McNabb v. State, 887 So.2d 929 (Ala.Crim.App.2003)(opinion on rehearing); Jackson v. State, 791 So.2d 979 (Ala.Crim.App.), cert. denied, 791 So.2d 1043 (Ala.2000), cert. denied, 532 U.S. 934 , 121 S.Ct. 1387 , 149 L.Ed.2d 311 (2001); Whitehead v. State, 777 So.2d 781 (Ala.Crim.App.1999), aff'd, 777 So.2d 854 (Ala.2000), cert. denied, 532 U.S. 907 , 121 S.Ct. 1233 , 149 L.Ed.2d 142 (2001); and Hooks v. State, 534 So.2d 329 (Ala.Crim.App.1987), aff'd, 534 So.2d 371 (Ala.1988), cert. …
discussed
Cited "see"
Duke v. State
In Pressley, the Alabama Supreme Court further noted that the mere fact that the State used a high percentage of its peremptory challenges to remove four of six African-Americans from the venire and used some of its peremptory strikes to remove females from the venire was insufficient, by itself, to establish a prima facie showing of racial or gender discrimination in the State’s use of its peremptory strikes, so as to require the State to offer explanations for the strikes. 770 So.2d at 146-47 ; accord Ex parte Trawick, 698 So.2d 162, 168 (Ala.), cert. denied 522 U.S. 1000 , 118 S.Ct. 568 ,…
cited
Cited "see"
Turner v. State
See James v. State, 695 So.2d 1229, 1236 (Fla.1997), cert. denied, 522 U.S. 1000 , 118 S.Ct. 569 , 139 L.Ed.2d 409 (1997).
discussed
Cited "see"
Kearse v. State
See James v. State, 695 So.2d 1229, 1234 (Fla.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 569 , 139 L.Ed.2d 409 (1997). *1130 This Court has found similar prosecutorial comments to be error.
discussed
Cited "see"
Jackson v. State
See Ex parte Trawick, 698 So.2d 162 (Ala.1997), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1999); Whitehead v. State, 111 So.2d 781 (Ala.Cr.App.1999); Stewart v. State, 730 So.2d 1203 (Ala.Cr.App.1996), aff'd, 730 So.2d 1246 (Ala.), cert. denied, 528 U.S. 846 , 120 S.Ct. 119 , 145 L.Ed.2d 101 (1999); Haney v. State, 603 So.2d 368 (Ala.Cr.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. denied, 507 U.S. 925 , 113 S.Ct. 1297 , 122 L.Ed.2d 687 (1993).
discussed
Cited "see"
Jackson v. State
See Ex parte Trawick, 698 So.2d 162 (Ala.1997), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1999); Whitehead v. State, 777 So.2d 781 (Ala.Cr.App.1999); Stewart v. State, 730 So.2d 1203 (Ala.Cr.App.1996), aff'd, 730 So.2d 1246 (Ala.), cert. denied, 528 U.S. 846 , 120 S.Ct. 119 , 145 L.Ed.2d 101 (1999); Haney v. State, 603 So.2d 368 (Ala.Cr.App. 1991), aff'd, 603 So.2d 412 (Ala.1992), cert. denied, 507 U.S. 925 , 113 S.Ct. 1297 , 122 L.Ed.2d 687 (1993).
discussed
Cited "see"
Robinson v. State
See James v. State, 695 So.2d 1229, 1237 (Fla.) (noting that "[r]eversal is not warranted simply because an appellant draws a different conclusion"), cert. denied, 522 U.S. 1000 , 118 S.Ct. 569 , 139 L.Ed.2d 409 (1997).
discussed
Cited "see, e.g."
McMillan v. State
In Brown v. State, 11 So.3d 866 (Ala.Crim.App.2007), this Court stated: “Brown argues that the court erred in double counting robbery and burglary as both elements of the capital offenses and aggravating circumstances that would support a death sentence. “ ‘ “The practice of permitting the use of an element of the underlying crime as an aggravating circumstance is referred to as ‘double-counting’ or ‘overlap’ and is constitutionally permissible.” Coral v. State, 628 So.2d 954, 965 (Ala.Cr.App.), aff'd on return to remand, 628 So.2d 988 (Ala.Cr.App.1992), aff'd, 628 So.2d 1004…
discussed
Cited "see, e.g."
Johnson v. State
In Pressley, the Alabama Supreme Court further noted that the mere fact that the State used a high percentage of its peremptory challenges to remove four of six African-Americans from the venire and used some of its peremptory strikes to remove females from the venire was insufficient, by itself, to establish a prima facie showing of racial or gender discrimination in the State’s use of its peremptory strikes, so as to require the State to offer explanations for the strikes. 770 So.2d at 146-47; see also Ex parte Trawick, 698 So.2d 162, 167-68 (Ala.), cert. denied 522 U.S. 1000 , 118 S.Ct. 5…
discussed
Cited "see, e.g."
Brown v. State
Brown argues that the court erred in double counting robbery and burglary as both elements of the capital offenses and aggravating circumstances that would support a death sentence. “ ‘The practice of permitting the use of an element of the underlying crime as an aggravating circumstance is referred to as “double-counting” or “overlap” and is constitutionally permissible.’ Coral v. State, 628 So.2d 954, 965 (Ala.Cr.App.), aff'd on return to remand, 628 So.2d 988 (Ala.Cr.App.1992), aff'd, 628 So.2d 1004 (Ala.1993), cert. denied, 511 U.S. 1012 , 114 S.Ct. 1387 , 128 L.Ed.2d 61 (199…
discussed
Cited "see, e.g."
Jerry Devane Bryant v. State of Alabama.
In Pressley , the Alabama Supreme Court further noted that the mere fact that the State used a high percentage of its peremptory challenges to remove four of six African-Americans from the venire and used some of its peremptory strikes to remove females from the venire was insufficient, by itself, to establish a prima facie showing of racial or gender discrimination in the State's use of its peremptory strikes, so as to require the State to offer explanations for the strikes. 770 So.2d at 146-47 ; see also Ex parte Trawick , 698 So.2d 162 , 167-68 (Ala.), cert. denied 522 U.S. 1000 (1997).
discussed
Cited "see, e.g."
Bryant v. State
(2×)
In Pressley , the Alabama Supreme Court further noted that the mere fact that the State used a high percentage of its peremptory challenges to remove four of six African-Americans from the venire and used some of its peremptory strikes to remove females from the venire was insufficient, by itself, to establish a prima facie showing of racial or gender discrimination in the State’s use of its peremptory strikes, so as to require the State to offer explanations for the strikes. 770 So.2d at 146-47; see also Ex parte Trawick, 698 So.2d 162, 167-68 (Ala.), cert. denied 522 U.S. 1000 , 118 S.Ct. …
cited
Cited "see, e.g."
White v. Consolidated Freightways Corp.
See, e.g., James v. State, 695 So.2d 1229, 1234 (Fla.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 569 , 139 L.Ed.2d 409 (1997).
discussed
Cited "see, e.g."
Gamble v. State
"The practice of permitting the use of an element of the underlying crime as an aggravating circumstance is referred to as `double-counting' or `overlap' and is constitutionally permissible." Coral v. State, 628 So.2d 954, 965 (Ala.Cr.App.), aff'd. on return to remand, 628 So.2d 988 (Ala.Cr.App.1992), aff'd, 628 So.2d 1004 (Ala.1993), cert. denied, 511 U.S. 1012 , 114 S.Ct. 1387 , 128 L.Ed.2d 61 (1994); see also Ex parte Trawick, 698 So.2d 162 (Ala.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997); and Hart v. State, 612 So.2d 520 (Ala.Cr.App.), aff'd, 612 So.2d 536 (Ala.…
cited
Cited "see, e.g."
Ex Parte Loggins
See also Ex parte Trawick , 698 So.2d 162 , 176 (Ala. 1997), cert. denied, 522 U.S. 1000 (1997); Ex parte Harrell , 470 So.2d 1309 (Ala.), cert. denied, 474 U.S. 935 (1985).
discussed
Cited "see, e.g."
Loggins v. State
See also Ex parte Trawick, 698 So.2d 162, 176 (Ala.1997), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997); Ex parte Harrell, 470 So.2d 1309 (Ala.), cert. denied, 474 U.S. 935 , 106 S.Ct. 269 , 88 L.Ed.2d 276 (1985).
discussed
Cited "see, e.g."
Whitehead v. State
"The practice of permitting the use of an element of the underlying crime as an aggravating circumstance is referred to as `double-counting' or `overlap' and is constitutionally permissible." Coral v. State, 628 So.2d 954, 965 (Ala.Cr.App.), aff'd on return to remand, 628 So.2d 988 (Ala.Cr.App.1992), aff'd, 628 So.2d 1004 (Ala.1993), cert. denied, 511 U.S. 1012 , 114 S.Ct. 1387 , 128 L.Ed.2d 61 (1994); see also Ex parte Trawick, 698 So.2d 162 (Ala.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997); and Hart v. State, 612 So.2d 520 (Ala.Cr.App.), aff'd, 612 So.2d 536 (Ala.1…
Retrieving the full opinion text from the archive…
Trawick
v.
Alabama
v.
Alabama
No. 97-5891.
Supreme Court of the United States.
Dec 1, 1997.
Cited by 1 opinion | Published
Sup. Ct. Ala. Certiorari denied.