Bracewell v. State, 401 So. 2d 130 (Ala. 1981). · Go Syfert
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Bracewell v. State, 401 So. 2d 130 (Ala. 1981). Cases Citing This Book View Copy Cite
19 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Davis v. State (alacrimapp, 1990-10-12)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see" Davis v. State
Ala. Crim. App. · 1990 · signal: see · confidence high
See Bracewell v. State , 401 So.2d 123 , 124 (Ala. 1979), cert. denied, 401 So.2d 130 (Ala. 1980); Taylor v. City of Decatur , 465 So.2d 479 , 481 (Ala.Cr.App. 1984).
examined Cited "see" Ex Parte Bracewell (3×)
Ala. · 1984 · signal: see · confidence high
See, Bracewell v. State , 401 So.2d 119 (Ala.Cr.App. 1978), rev'd, 401 So.2d 123 (Ala. 1979), on remand, 401 So.2d 124 (Ala.Cr.App. 1980), cert. denied, 401 So.2d 130 (Ala. 1980), vacated, 449 U.S. 915 , 101 S.Ct. 312 , 66 L.Ed.2d 143 (1980), after remandment, 401 So.2d 130 (Ala.Cr.App. 1981), cert. denied, 401 So.2d 130 (Ala. 1981).
Retrieving the full opinion text from the archive…
Ex parte State of Alabama. (Re Debra BRACEWELL, alias
v.
STATE of Alabama).
80-535.
Supreme Court of Alabama.
Jun 25, 1981.
401 So. 2d 130
Per Curiam.
Cited by 2 opinions  |  Published

Charles A. Graddick, Atty. Gen., and James F. Hampton, Sp. Asst. Atty. Gen., for the State.

No brief for respondent.

PER CURIAM.

The opinion dated June 19, 1981, is withdrawn and the following, together with Justice Maddox's special concurring opinion, is substituted in its place.

WRIT DENIED.

TORBERT, C. J., and SHORES and BEATTY, JJ., concur.

MADDOX and JONES, JJ., concur specially.

MADDOX, Justice (concurring specially).

By denying the writ of certiorari in this case, I assume that the Court of Criminal Appeals, after reviewing the record in this case, has determined that there was some evidence presented on a lesser included offense, or that the record of trial does not affirmatively preclude evidence of a lesser included offense (Cf. Ritter v. State, 403 So.2d 154 (Ala.1981), view of Maddox, Jones and Adams, JJ.), which would have entitled the accused to an instruction on a lesser included offense.

JONES, J., concurs.