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18 Alabama opinions name it 1 courts 1993–2011 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 |
|---|---|---|
Christian v. Stategreen2 sentences2007See also Christian v. State, 351 So.2d 616 (Ala.Cr.App.1976), rev’d on other grounds, 351 So.2d 623 (Ala.1977). 2003See also Christian v. State, 351 So.2d 616 (Ala.Cr.App.1976), rev'd on other grounds, 351 So.2d 623 (Ala. 1977). | 3 | 3 |
Cooper v. Stategreen2 sentences2007Only [inanimate] objects that are ‘designed, made or adapted for the pur *313 poses of inflicting death or serious physical injury’ fit the definition of ‘deadly weapon.’ ” The issue in Cobb was whether a person’s fists could be considered a deadly weapon. “ ‘Although a glass bottle is not specifically included in the list of weapons defined as “deadly weapons,” a bottle may be “adapted for the purposes of inflicting death or serious physical injury,” and may therefore be a “deadly weapon.” In Cooper v. State, 584 So.2d 920, 921 (Ala.Cr.App.1991), we affirmed a sentence for first degree robber 2003"Although a glass bottle is not specifically included in the list of weapons defined as `deadly weapons,' a bottle may be `adapted for the purposes of inflicting *1174 death or serious physical injury,' and may therefore be a `deadly weapon.' In Cooper v. State, 584 So.2d 920, 921 (Ala. Cr.App.1991), we affirmed a sentence for first degree robbery enhanced pursuant to § 13A-5-6(a)(4), where the appellant used a broken bottle as a dangerous weapon. | 2 | 3 |
Christian v. Stategreen2 sentences2007See also Christian v. State, 351 So.2d 616 (Ala.Cr.App.1976), rev’d on other grounds, 351 So.2d 623 (Ala.1977). 2003See also Christian v. State, 351 So.2d 616 (Ala.Cr.App.1976), rev'd on other grounds, 351 So.2d 623 (Ala. 1977). | 2 | 3 |
Hammond v. Stategreen2 sentences2009For an example of a statute which limits imposition of a mandatory minimum sentence for possession of a firearm during commission of robbery to the defendant having actual, not vicarious, possession of the firearm, see Fla. Stat. § 775.087 (1976).' " 497 So.2d at 566 (emphasis original.) See also Miller v. State, 650 So.2d 940 (Ala.Crim.App. 1993), rev'd on other grounds, 650 So.2d 947 (Ala.1994) (wherein this Court found that the defendant's sentence was properly enhanced pursuant to § 13A-5-6 even though the defendant's accomplice actually possessed the deadly weapon during the commission of 2009For an example of a statute which limits imposition of a mandatory minimum sentence for possession of a firearm during commission of robbery to the defendant having actual, not vicarious, possession of the firearm, see Fla. Stat. § 775.087 (1976).’ “497 So.2d at 566 (emphasis original.) See also Miller v. State, 650 So.2d 940 (Ala.Crim.App.1993), rev’d on other grounds, 650 So.2d 947 (Ala.1994) (wherein this Court found that the defendant’s sentence was properly enhanced pursuant to § 13A-5-6 even though the defendant’s accomplice actually possessed the deadly weapon during the commission of t | 2 | 2 |
Bates v. Stategreen2 sentences1999The state met its burden of proof here, and the appellant’s sentence was properly enhanced pursuant to § 13A-12-250.”' Bates v. State, 669 So.2d 232, 236 (Ala.Cr.App.1995). 1998The state met its burden of proof here, and the appellant's sentence was properly enhanced pursuant to § 13A-12-250 ." Bates v. State , 669 So.2d 232 , 236 (Ala.Cr.App. 1995). | 1 | 2 |
Ex Parte Mutriegreen2 sentences1995Ex parte Mutrie , 658 So.2d 347 (Ala. 1993), held that a sentence could be enhanced under § 13A-12-250 and -270 only where a sale of illegal drugs is the basis for the conviction. 1995See Ex parte Mutrie, 658 So.2d 347 (Ala.1993). | 1 | 2 |
McCaskill v. Stategreen2 sentences2009See McCaskill v. State, 648 So.2d 1175, 1178 (Ala.Crim.App.1994) ("In this case, the appellant was sentenced pursuant to Ala.Code 1975, § 13A-5-6(a)(4), which provides that the sentence for `a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, [is] not less than 20 years.' Emphasis added. 2009See McCaskill v. State, 648 So.2d 1175, 1178 (Ala.Crim.App.1994) (“In this case, the appellant was sentenced pursuant to Ala.Code 1975, § 13A-5-6(a)(4), which provides that the sentence for ‘a Class A felony in which a firearm or deadly iveap-on was used or attempted to be used in the commission of the felony, [is] not less than 20 years.’ Emphasis added. | 1 | 1 |
Waddle v. Stategreen1 sentence2002"It is well settled that a challenge to the voluntariness of a guilty plea may be raised for the first time in a timely filed Rule 32 petition." Waddle v. State, 784 So.2d 367, 369 (Ala.Crim.App.2000). | 1 | 1 |
Powell v. Stategreen1 sentence1999For the appellant’s sentence to be enhanced pursuant to § 13A-12-250, Ala. Code 1975, “[t]he state need prove only that the sale occurred within three miles of a school campus ‘ “by a preponderance of the evidence.” ’ Lane [v. State], supra, 644 So.2d [1318] at 1322 [(Ala.Cr.App.1994)] (quoting Powell v. State, 600 So.2d 1085, 1087 (Ala.Cr.App.1992)). | 1 | 1 |
Hill v. Stategreen1 sentence1995The Alabama Supreme Court explained in Ex parte Mutrie, 658 So.2d at 350 , as follows: “In Hill v. State, 348 So.2d 848, 855 (Ala.Cr.App.), cert. denied, 348 So.2d 857 (Ala.1977), the Court of Criminal Appeals held that a defendant cannot be convicted of ‘selling’ marijuana ‘if his conduct, according to the undisputed evidence, does not afford a reasonable inference that he participated with the seller in making the sale.’ The fact that the defendant acted as the buyer’s agent is not a defense to an indictment under § 13A-12-211 charging the defendant with unlawfully selling, furnishing, givin | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Miller
green
2 sentences2009For an example of a statute which limits imposition of a mandatory minimum sentence for possession of a firearm during commission of robbery to the defendant having actual, not vicarious, possession of the firearm, see Fla. Stat. § 775.087 (1976).' " 497 So.2d at 566 (emphasis original.) See also Miller v. State, 650 So.2d 940 (Ala.Crim.App. 1993), rev'd on other grounds, 650 So.2d 947 (Ala.1994) (wherein this Court found that the defendant's sentence was properly enhanced pursuant to § 13A-5-6 even though the defendant's accomplice actually possessed the deadly weapon during the commission of 2009For an example of a statute which limits imposition of a mandatory minimum sentence for possession of a firearm during commission of robbery to the defendant having actual, not vicarious, possession of the firearm, see Fla. Stat. § 775.087 (1976).’ “497 So.2d at 566 (emphasis original.) See also Miller v. State, 650 So.2d 940 (Ala.Crim.App.1993), rev’d on other grounds, 650 So.2d 947 (Ala.1994) (wherein this Court found that the defendant’s sentence was properly enhanced pursuant to § 13A-5-6 even though the defendant’s accomplice actually possessed the deadly weapon during the commission of t | 2 | 1996–2009 |
Miller v. State
green
2 sentences2009For an example of a statute which limits imposition of a mandatory minimum sentence for possession of a firearm during commission of robbery to the defendant having actual, not vicarious, possession of the firearm, see Fla. Stat. § 775.087 (1976).' " 497 So.2d at 566 (emphasis original.) See also Miller v. State, 650 So.2d 940 (Ala.Crim.App. 1993), rev'd on other grounds, 650 So.2d 947 (Ala.1994) (wherein this Court found that the defendant's sentence was properly enhanced pursuant to § 13A-5-6 even though the defendant's accomplice actually possessed the deadly weapon during the commission of 2009For an example of a statute which limits imposition of a mandatory minimum sentence for possession of a firearm during commission of robbery to the defendant having actual, not vicarious, possession of the firearm, see Fla. Stat. § 775.087 (1976).’ “497 So.2d at 566 (emphasis original.) See also Miller v. State, 650 So.2d 940 (Ala.Crim.App.1993), rev’d on other grounds, 650 So.2d 947 (Ala.1994) (wherein this Court found that the defendant’s sentence was properly enhanced pursuant to § 13A-5-6 even though the defendant’s accomplice actually possessed the deadly weapon during the commission of t | 2 | 1996–2009 |
Williams v. State
green
2 sentences2002(Issue I in Skinner's brief.) In support of this contention, Skinner cites Williams v. State, 665 So.2d 955 (Ala.Crim.App.1994), opinion after remand, 668 So.2d 950 (Ala. Crim.App.1995) (table). 1996In Williams v. State, 665 So.2d 955 (Ala.Cr.App.1994), the appellant was convicted of conspiracy to distribute a controlled substance and his sentence was enhanced pursuant to § 13A-12-250. | 2 | 1996–2002 |
Taylor v. State
neutral
1 sentence2011In Taylor v. State, 23 So.3d 692 (Ala.Crim. | 1 | 2011–2011 |
Boykin v. Alabama
red
1 sentence2007P., nor the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969), were discussed with Allen before to the trial court accepted of his guilty plea. 6. | 1 | 2007–2007 |
Apprendi v. New Jersey
green
2 sentences2002Because I believe that the circuit court did not properly adhere to the requirements of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and because I believe that those requirements are jurisdictional, I would reverse Foster's sentence and remand this cause for the circuit court to resentence Foster without applying those enhancements. 2002Because I believe that the circuit court did not properly adhere to the requirements of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and because I believe that those requirements are jurisdictional, I would reverse Foster's sentence and remand this cause for the circuit court to resentence Foster without applying those enhancements. | 1 | 2002–2002 |
Ex Parte Cobb
green
1 sentence1997Section 13A-5-6 (a)(4) provides for sentencing as follows: "For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, not less than 20 years." "Deadly weapon" is defined at § 13A-1-2 (11), Ala. Code. 1975, as: "A firearm or anything manifestly designed, made or adapted for the purposes of inflicting death or serious physical injury, and such term includes, but is not limited to, a pistol, rifle or shotgun; or a switch-blade knife, gravity knife, stiletto, sword or dagger; any billy, black-jack, bludgeon or metal knuckles." To ass | 1 | 1997–1997 |
Ex Parte State Ex Rel. Atty. Gen.
neutral
1 sentence1995The Alabama Supreme Court explained in Ex parte Mutrie, 658 So.2d at 350 , as follows: “In Hill v. State, 348 So.2d 848, 855 (Ala.Cr.App.), cert. denied, 348 So.2d 857 (Ala.1977), the Court of Criminal Appeals held that a defendant cannot be convicted of ‘selling’ marijuana ‘if his conduct, according to the undisputed evidence, does not afford a reasonable inference that he participated with the seller in making the sale.’ The fact that the defendant acted as the buyer’s agent is not a defense to an indictment under § 13A-12-211 charging the defendant with unlawfully selling, furnishing, givin | 1 | 1995–1995 |
Ford v. State
green
1 sentence1994Ford v. State, 645 So.2d 317 (Ala.Cr. | 1 | 1994–1994 |
Barnett v. State
green
1 sentence1993Barnett v. State, 639 So.2d 527 (Ala.Cr.App.1993). | 1 | 1993–1993 |
Bryant v. State
neutral
1 sentence1993Bryant v. State, 638 So.2d 1389 (Ala.Cr.App.1993). | 1 | 1993–1993 |
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.