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20 Alabama opinions name it 2 courts 1986–2015 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Holt v. Stategreen2 sentences2015“To be eligible for sentence reconsideration under Ala.Code § 13-5-9.1 (1975), “ ‘(1) the inmate was sentenced before May 25, 2000, the date the 2000 amendment to the HFOA became effective; (2) the inmate was sentenced to life imprisonment without the possibility of parole pursuant to § 13A-5-9(c)(3) and had no prior Class A felony convictions or was sentenced to life imprisonment pursuant to § 13A-5-9(c)(2), see Prestwood [v. State, 915 So.2d 580 (Ala.Crim.App.2005)]; and (3) the inmate is a “nonviolent convicted offender.” An inmate must satisfy all three requirements before he or she is eli 2012In Holt v. State, 960 So.2d 726 (Ala. Crim.App.2006), this Court recognized that there are three requirements for eligibility to have a sentence reconsidered under § 13A-5-9.1: “(1) the inmate was sentenced before May 25, 2000, the date the 2000 amendment to the HFOA became effective; (2) the inmate was sentenced to life imprisonment without the possibility of parole pursuant to § 13A-5-9(c)(3) and had no prior Class A felony convictions or was sentenced to life imprisonment pursuant to § 13A-5-9(c)(2), see Prestwood [v. State, 915 So.2d 580, 584-85 (Ala. Crim.App.2005) ]; and (3) the inmate i | 5 | 7 |
Ferrell v. Stategreen2 sentences2010With regard to case number CC-94-429, we addressed a similar situation in Ferrell v. State, 944 So.2d 162, 163-64 (Ala.Crim.App.2006), as follows: “ ‘The appellant argues that the circuit court improperly determined that he was not eligible for reconsideration of his sentence. “ ‘ “There are three requirements for eligibility to have a sentence reconsidered under § 13A-5-9.1: (1) the inmate was sentenced before May 25, 2000, the date the 2000 amendment to the HFOA became effective; (2) the inmate was sentenced to life imprisonment without the possibility of parole pursuant to § 13A-5-9(c)(3) a 2007With regard to case number CC-94-429, we addressed a similar situation in Ferrell v. State, 944 So.2d 162, 163-64 (Ala.Crim.App.2006), as follows: “The appellant argues that the circuit court improperly determined that he was not eligible for reconsideration of his sentence. “ ‘There are three requirements for eligibility to have a sentence reconsidered under § 13A-5-9.1: (1) the inmate was sentenced before May 25, 2000, the date the 2000 amendment to the HFOA became effective; (2) the inmate was sentenced to life imprisonment without the possibility of parole pursuant to § 13A-5-9(c)(3) and h | 2 | 2 |
Prestwood v. Stategreen2 sentences2015“To be eligible for sentence reconsideration under Ala.Code § 13-5-9.1 (1975), “ ‘(1) the inmate was sentenced before May 25, 2000, the date the 2000 amendment to the HFOA became effective; (2) the inmate was sentenced to life imprisonment without the possibility of parole pursuant to § 13A-5-9(c)(3) and had no prior Class A felony convictions or was sentenced to life imprisonment pursuant to § 13A-5-9(c)(2), see Prestwood [v. State, 915 So.2d 580 (Ala.Crim.App.2005)]; and (3) the inmate is a “nonviolent convicted offender.” An inmate must satisfy all three requirements before he or she is eli 2012In Holt v. State, 960 So.2d 726 (Ala. Crim.App.2006), this Court recognized that there are three requirements for eligibility to have a sentence reconsidered under § 13A-5-9.1: “(1) the inmate was sentenced before May 25, 2000, the date the 2000 amendment to the HFOA became effective; (2) the inmate was sentenced to life imprisonment without the possibility of parole pursuant to § 13A-5-9(c)(3) and had no prior Class A felony convictions or was sentenced to life imprisonment pursuant to § 13A-5-9(c)(2), see Prestwood [v. State, 915 So.2d 580, 584-85 (Ala. Crim.App.2005) ]; and (3) the inmate i | 1 | 9 |
MacK v. Stategreen2 sentences2006See, e.g., Mack v. State , 925 So.2d 999 (Ala.Crim.App. 2005) (remanding for the circuit court to reconsider inmate's § 13A-5-9.1 motion where the circuit court mistakenly believed that inmate, convicted of Class B felony and sentenced to life imprisonment pursuant to § 13A-5-9 (c)(2), was ineligible for reconsideration of his sentence). 2006See, e.g., Mack v. State, 925 So.2d 999 (Ala.Crim.App.2005) (remanding for the circuit court to reconsider inmate's § 13A-5-9.1 motion where the circuit court mistakenly believed that inmate, convicted of Class B felony and sentenced to life imprisonment pursuant to § 13A-5-9(c)(2), was ineligible for reconsideration of his sentence). | 1 | 1 |
State v. Corleygreen1 sentence2003“This Court has consistently treated sentences imposed pursuant to §§ 13A-12-250 and 13A-12-270, Ala.Code 1975, as enhancements to a base sentence and, thus, as part of a single aggregate sentence for an offense.” State v. Corley, 831 So.2d 59, 61 (Ala.Crim.App.2001). | 1 | 1 |
Spooney v. Stategreen1 sentence2003See, e.g., Spooney v. State, 844 So.2d 615, 618 (Ala.Crim.App. 2001). | 1 | 1 |
United States v. Billy W. Gray, Lee Andrew Fennell, Roger Lee Wright, Ronald Cecil Barker and Vance C. Dyargreen2 sentences1990United States v. Andrews, supra; United States v. Gray, 626 F.2d 494, 498 (5th Cir.1980), cert. denied, 449 U.S. 1091 , 101 S.Ct. 887 , 66 L.Ed.2d 820 (1981). *37 IV The appellant argues that the trial court improperly sentenced him to life pursuant to § 13A-12-203, Code of Alabama 1975, for the attempt to traffic in cocaine, because the indictment had alleged a violation of attempt pursuant to § 13A-4-2, Code of Alabama 1975. 1990United States v. Andrews , supra; United States v. Gray , 626 F.2d 494 , 498 (5th Cir. 1980), cert. denied, 449 U.S. 1091 , 101 S.Ct. 887 , 66 L.Ed.2d 820 (1981). *Page 37 IV The appellant argues that the trial court improperly sentenced him to life pursuant to § 13A-12-203 , Code of Alabama 1975, for the attempt to traffic in cocaine, because the indictment had alleged a violation of attempt pursuant to § 13A-4-2 , Code of Alabama 1975. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McDougal v. State
neutral
1 sentence2014In McDougal v. State, 689 So.2d 953 (Ala.Crim.App.1996), McDougal pleaded guilty to robbery in the first degree and was sentenced to 20 years’ imprisonment pursuant to § 13A-5-6(a)(4). | 1 | 2014–2014 |
Lane v. State
green
1 sentence2010Lane v. State, 66 So.3d 812 (Ala.Crim.App.2009). | 1 | 2010–2010 |
White v. State
green
1 sentence2007"That an inmate has not previously been paroled is not a requirement for eligibility for sentence reconsideration under § 13A-5-9.1 , although an inmate's parole history is a factor to be considered in determining whether an inmate is a nonviolent offender and whether to resentence an eligible inmate." White v. State , 947 So.2d 436 , 437 (Ala.Crim.App. 2006). | 1 | 2007–2007 |
Soles v. State
green
1 sentence2003Citing § 15-18-8 (a)(1), Ala. Code 1975, as amended effective May 25, 2000, and this court's decision in Soles v. State , 820 So.2d 163 (Ala.Crim.App. 2001), he argued that the circuit court should reconsider his sentence because the trial court had mistakenly believed that it could not split the five-year mandatory term of *Page 1178 imprisonment pursuant to § 13A-12-231(1)b., Ala. Code 1975, and the five-year enhancement pursuant to § 13A-12-231 (13), Ala. Code 1975. | 1 | 2003–2003 |
Austin v. State
green
1 sentence2003Moreover, in Austin v. State, 864 So.2d 1115 (Ala.Crim.App.2003), this Court stated: "As noted above, Austin was sentenced to 10 years' imprisonment, enhanced by an additional 5 years' imprisonment pursuant to § 13A-12-250, and an additional 5 years' imprisonment pursuant to § 13A-12-270. | 1 | 2003–2003 |
Batson v. Kentucky
green
2 sentences1992I The appellant argues that the trial court erred by denying his motion pursuant to Batson v. Kentucky , 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). 1992I The appellant argues that the trial court erred by denying his motion pursuant to Batson v. Kentucky , 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). | 1 | 1992–1992 |
Garth v. State
green
1 sentence1991The trial judge responded that even without considering the stick a "dangerous weapon," he would sentence appellant to 10 years "given the facts that I've heard in this case." "Absent some showing that the outcome of a new [sentencing] hearing would be materially different, the harmless error rule would apply." Garth v. State , 536 So.2d 173 , 177 (Ala.Cr.App. 1988). | 1 | 1991–1991 |
Gray v. United States
green
2 sentences1990United States v. Andrews , supra; United States v. Gray , 626 F.2d 494 , 498 (5th Cir. 1980), cert. denied, 449 U.S. 1091 , 101 S.Ct. 887 , 66 L.Ed.2d 820 (1981). *Page 37 IV The appellant argues that the trial court improperly sentenced him to life pursuant to § 13A-12-203 , Code of Alabama 1975, for the attempt to traffic in cocaine, because the indictment had alleged a violation of attempt pursuant to § 13A-4-2 , Code of Alabama 1975. 1990United States v. Andrews , supra; United States v. Gray , 626 F.2d 494 , 498 (5th Cir. 1980), cert. denied, 449 U.S. 1091 , 101 S.Ct. 887 , 66 L.Ed.2d 820 (1981). *Page 37 IV The appellant argues that the trial court improperly sentenced him to life pursuant to § 13A-12-203 , Code of Alabama 1975, for the attempt to traffic in cocaine, because the indictment had alleged a violation of attempt pursuant to § 13A-4-2 , Code of Alabama 1975. | 1 | 1990–1990 |
Smith v. State
green
2 sentences1986This question was resolved within a few weeks in the case of Smith v. State, Ala.Cr.App., 447 So.2d 1327 , affirmed, Ala., 447 So.2d 1334 (1984), in which it was held that the term of imprisonment under § 13A-5-6 for a class C felony where a firearm or deadly weapon was used or attempted to be used in commission of that felony is 10 years. 1986In accordance with Smith, supra, the judgment of the trial court is due to be affirmed but the cause should be remanded for the imposition of a proper sentence. *124 The foregoing opinion was prepared by Retired Circuit Judge LEIGH M. | 1 | 1986–1986 |
Smith v. State
green
1 sentence1986This question was resolved within a few weeks in the case of Smith v. State, Ala.Cr.App., 447 So.2d 1327 , affirmed, Ala., 447 So.2d 1334 (1984), in which it was held that the term of imprisonment under § 13A-5-6 for a class C felony where a firearm or deadly weapon was used or attempted to be used in commission of that felony is 10 years. | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.