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34 Alabama opinions name it 2 courts 1984–2026 4 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 |
|---|---|---|
Ex Parte Yarbergreen2 sentences2026Ex parte Yarber, 375 So. 2d at 1234 ; Ex parte Williams, supra; Ex parte Wilson, supra; Ex parte Purser, supra. ' "Ex parte Brooks, 695 So. 2d 184, 188-89 (Ala. 1997) (footnote omitted). 1989"In a case in which there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error, there must be a virtual identification of the defendant as the person who did not become a witness." Ex parte Williams , 461 So.2d 852 , 854 (Ala. 1984), citing Ex parte Yarber , 375 So.2d 1231 , 1234 (Ala. 1979). | 6 | 21 |
Ex Parte Williamsgreen2 sentences2010“A comment on the defendant’s failure to testify is to be ‘scrupulously avoided.’ Arthur v. State, 575 So.2d 1165, 1186 (Ala.Cr.App.1990), cert. denied, 575 So.2d 1191 (Ala.1991). ‘Every time a prosecutor stresses a failure to present testimony, the facts and circumstances must be closely examined to see whether the defendant’s right to remain silent has been violated.’ Windsor v. State, 593 So.2d 87, 91 (Ala.Cr.App.1991), quoting Padgett v. State, 45 Ala.App. 56 , 223 So.2d 597, 602 (1969). ‘In a case where there has been only an indirect reference to a defendant’s failure to testify, in orde 2010“In a case where there has been only an indirect reference to a defendant’s failure to testify, in order for the comment to constitute reversible error, there must be a close identification of the defendant as the person who did not become a witness.” Windsor v. State, supra, quoting, Ex parte Williams, 461 So.2d 852 (Ala.1984). “ ‘ “ ‘Alabama law clearly holds that “[w]here there is the possibility that a prosecutor’s comment could be understood by the jury as reference to failure of the defendant to testify, Art. | 4 | 20 |
Ex Parte Brooksgreen2 sentences2026Ex parte Yarber, 375 So. 2d at 1234 ; Ex parte Williams, supra; Ex parte Wilson, supra; Ex parte Purser, supra. ' "Ex parte Brooks, 695 So. 2d 184, 188-89 (Ala. 1997) (footnote omitted). 2015This court has explained: “ ‘[C]overt,’ or indirect, comments are construed against the defendant, based upon the literal construction of Ala.Code 1975, § 12-21-220, which created the ‘virtual identification doctrine.’ Thus, in a case in which there has been only an indirect reference to a defendant’s failure to testify, in order for the comment to constitute reversible error, there must have been a virtual identification of the defendant as the person who did not become a witness.” Ex parte Brooks, 695 So.2d 184, 188-89 (Ala.1997) (citations and footnotes omitted). | 4 | 4 |
Ex Parte Wilsongreen2 sentences2010I, § 6 [Const, of Alabama of 1901], is violated.’ ” Ex parte Wilson, 571 So.2d 1251, 1262 (Ala.1990). 2010I, § 6 [Const. of Alabama of 1901], is violated.” ’ Ex parte Wilson, 571 So.2d 1251, 1262 (Ala.1990). | 3 | 11 |
United States v. James Norton, United States of America v. Paul Fosco, James Pinckard, Paul A. Di Franco, James Norton, Defendantsgreen2 sentences1996Id. at 603 (`in view of the testimony showing that only [defendant] and his co-defendant could deny the testimony ... [the prosecutor's remark that certain testimony was uncontradicted] did raise a danger that the jury would draw an improper inference from [defendant's] failure to take the stand'). "`In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness. [ Ex parte ] Williams, [ 461 So.2d 852 (Ala.1984) 1991"In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness. [Ex parte] Williams , [ 461 So.2d 852 (Ala. 1984)]; United States v. Norton , 867 F.2d 1354 , 1364 (11th Cir.), cert. denied, [493] U.S. [871], 110 S.Ct. 200 , 107 L.Ed.2d 154 (1989). ". . . . | 3 | 5 |
Windsor v. Stategreen2 sentences2010“A comment on the defendant’s failure to testify is to be ‘scrupulously avoided.’ Arthur v. State, 575 So.2d 1165, 1186 (Ala.Cr.App.1990), cert. denied, 575 So.2d 1191 (Ala.1991). ‘Every time a prosecutor stresses a failure to present testimony, the facts and circumstances must be closely examined to see whether the defendant’s right to remain silent has been violated.’ Windsor v. State, 593 So.2d 87, 91 (Ala.Cr.App.1991), quoting Padgett v. State, 45 Ala.App. 56 , 223 So.2d 597, 602 (1969). ‘In a case where there has been only an indirect reference to a defendant’s failure to testify, in orde 2003"In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error, there must be a close identification of the defendant as the person who did not become a witness." Windsor v. State, [ 593 So.2d at 91 ] quoting, Ex parte Williams, 461 So.2d 852 (Ala.1984). | 2 | 4 |
Padgett v. Stategreen2 sentences2010“A comment on the defendant’s failure to testify is to be ‘scrupulously avoided.’ Arthur v. State, 575 So.2d 1165, 1186 (Ala.Cr.App.1990), cert. denied, 575 So.2d 1191 (Ala.1991). ‘Every time a prosecutor stresses a failure to present testimony, the facts and circumstances must be closely examined to see whether the defendant’s right to remain silent has been violated.’ Windsor v. State, 593 So.2d 87, 91 (Ala.Cr.App.1991), quoting Padgett v. State, 45 Ala.App. 56 , 223 So.2d 597, 602 (1969). ‘In a case where there has been only an indirect reference to a defendant’s failure to testify, in orde 2010“A comment on the defendant’s failure to testify is to be ‘scrupulously avoided.’ Arthur v. State, 575 So.2d 1165, 1186 (Ala.Cr.App.1990), cert. denied, 575 So.2d 1191 (Ala.1991). ‘Every time a prosecutor stresses a failure to present testimony, the facts and circumstances must be closely examined to see whether the defendant’s right to remain silent has been violated.’ Windsor v. State, 593 So.2d 87, 91 (Ala.Cr.App.1991), quoting Padgett v. State, 45 Ala.App. 56 , 223 So.2d 597, 602 (1969). ‘In a case where there has been only an indirect reference to a defendant’s failure to testify, in orde | 2 | 2 |
Funches v. Stategreen2 sentences1997Ex parte Yarber, 375 So.2d 1231, 1234 (Ala.1979)." Ex parte Williams, 461 So.2d 852, 854 (Ala.1984).' " Funches v. State, 518 So.2d 781, 785 (Ala.Cr.App.1987). 1989Ex parte Yarber, 375 So.2d 1231, 1234 (Ala. 1979).’ Ex parte Williams, 461 So.2d 852, 854 (Ala.1984).” Funches v. State, 518 So.2d 781, 785 (Ala. Cr.App.1987). | 2 | 2 |
Pettibone v. Stategreen1 sentence2015Although comments on a defendant’s right not to incriminate himself or herself by testifying are improper, “[a] reversal may be prevented if the trial court sustains an objection to the improper remark and promptly and appropriately instructs the jury as to the impropriety of the remark.” Pettibone v. State, 891 So.2d 280, 283 (Ala.Crim.App.2003). | 1 | 1 |
Arthur v. Stategreen1 sentence2010“A comment on the defendant’s failure to testify is to be ‘scrupulously avoided.’ Arthur v. State, 575 So.2d 1165, 1186 (Ala.Cr.App.1990), cert. denied, 575 So.2d 1191 (Ala.1991). ‘Every time a prosecutor stresses a failure to present testimony, the facts and circumstances must be closely examined to see whether the defendant’s right to remain silent has been violated.’ Windsor v. State, 593 So.2d 87, 91 (Ala.Cr.App.1991), quoting Padgett v. State, 45 Ala.App. 56 , 223 So.2d 597, 602 (1969). ‘In a case where there has been only an indirect reference to a defendant’s failure to testify, in orde | 1 | 1 |
Ex Parte Tuckergreen1 sentence1996I, § 6 [Const. of Ala. of 1901] is violated." Ex parte Tucker, 454 So.2d 552, 553 (Ala. 1984); Ex parte Dobard, 435 So.2d 1351, 1359 (Ala.1983), cert. denied, 464 U.S. 1063 , 104 S.Ct. 745 , 79 L.Ed.2d 203 (1984) (quoting Beecher v. State, 294 Ala. 674, 682 , 320 So.2d 727, 734 (1975)). | 1 | 1 |
Padgett v. Stategreen1 sentence1996Id. at 603 (`in view of the testimony showing that only [defendant] and his co-defendant could deny the testimony ... [the prosecutor's remark that certain testimony was uncontradicted] did raise a danger that the jury would draw an improper inference from [defendant's] failure to take the stand'). "`In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness. [ Ex parte ] Williams, [ 461 So.2d 852 (Ala.1984) | 1 | 1 |
Beecher v. Stategreen2 sentences1996I, § 6 [Const. of Ala. of 1901] is violated." Ex parte Tucker, 454 So.2d 552, 553 (Ala. 1984); Ex parte Dobard, 435 So.2d 1351, 1359 (Ala.1983), cert. denied, 464 U.S. 1063 , 104 S.Ct. 745 , 79 L.Ed.2d 203 (1984) (quoting Beecher v. State, 294 Ala. 674, 682 , 320 So.2d 727, 734 (1975)). 1996I, § 6 [Const. of Ala. of 1901] is violated." Ex parte Tucker, 454 So.2d 552, 553 (Ala. 1984); Ex parte Dobard, 435 So.2d 1351, 1359 (Ala.1983), cert. denied, 464 U.S. 1063 , 104 S.Ct. 745 , 79 L.Ed.2d 203 (1984) (quoting Beecher v. State, 294 Ala. 674, 682 , 320 So.2d 727, 734 (1975)). | 1 | 1 |
Ex Parte Dobardgreen1 sentence1996I, § 6 [Const. of Ala. of 1901] is violated." Ex parte Tucker, 454 So.2d 552, 553 (Ala. 1984); Ex parte Dobard, 435 So.2d 1351, 1359 (Ala.1983), cert. denied, 464 U.S. 1063 , 104 S.Ct. 745 , 79 L.Ed.2d 203 (1984) (quoting Beecher v. State, 294 Ala. 674, 682 , 320 So.2d 727, 734 (1975)). | 1 | 1 |
Witherspoon v. Stategreen1 sentence1995"In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness." Witherspoon v. State, 596 So.2d 617, 619 (Ala.Crim. | 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 Purser
green
2 sentences2026Ex parte Yarber, 375 So. 2d at 1234 ; Ex parte Williams, supra; Ex parte Wilson, supra; Ex parte Purser, supra. ' "Ex parte Brooks, 695 So. 2d 184, 188-89 (Ala. 1997) (footnote omitted). 2026Ex parte Yarber, 375 So. 2d at 1234 ; Ex parte Williams, supra; Ex parte Wilson, supra; Ex parte Purser, supra. ' "Ex parte Brooks, 695 So. 2d 184, 188-89 (Ala. 1997) (footnote omitted). | 13 | 1997–2026 |
Oneida Indian Nation of Wisconsin v. New York
green
2 sentences1996Id. at 603 (`in view of the testimony showing that only [defendant] and his co-defendant could deny the testimony ... [the prosecutor's remark that certain testimony was uncontradicted] did raise a danger that the jury would draw an improper inference from [defendant's] failure to take the stand'). "`In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness. [ Ex parte ] Williams, [ 461 So.2d 852 (Ala.1984) 1991"In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness. [Ex parte] Williams , [ 461 So.2d 852 (Ala. 1984)]; United States v. Norton , 867 F.2d 1354 , 1364 (11th Cir.), cert. denied, [493] U.S. [871], 110 S.Ct. 200 , 107 L.Ed.2d 154 (1989). ". . . . | 5 | 1990–1996 |
Norton v. United States
green
2 sentences1996Id. at 603 (`in view of the testimony showing that only [defendant] and his co-defendant could deny the testimony ... [the prosecutor's remark that certain testimony was uncontradicted] did raise a danger that the jury would draw an improper inference from [defendant's] failure to take the stand'). "`In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness. [ Ex parte ] Williams, [ 461 So.2d 852 (Ala.1984) 1991"In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness. [Ex parte] Williams , [ 461 So.2d 852 (Ala. 1984)]; United States v. Norton , 867 F.2d 1354 , 1364 (11th Cir.), cert. denied, [493] U.S. [871], 110 S.Ct. 200 , 107 L.Ed.2d 154 (1989). ". . . . | 5 | 1990–1996 |
Gunter v. United States
green
2 sentences1996Id. at 603 (`in view of the testimony showing that only [defendant] and his co-defendant could deny the testimony ... [the prosecutor's remark that certain testimony was uncontradicted] did raise a danger that the jury would draw an improper inference from [defendant's] failure to take the stand'). "`In a case where there has been only an indirect reference to a defendant's failure to testify, in order for the comment to constitute reversible error there must be a close identification of the defendant as the person who did not become a witness. [ Ex parte ] Williams, [ 461 So.2d 852 (Ala.1984) 1995App.1991), and Windsor, supra, both quoting Ex parte Williams, 461 So.2d 852 (Ala.1984); and United States v. Norton, 867 F.2d 1354, 1364 (11th Cir.), cert, denied, 493 U.S. 871 , 110 S.Ct. 200 , 107 L.Ed.2d 154 (1989). | 2 | 1995–1996 |
Arthur v. State
green
1 sentence2010“A comment on the defendant’s failure to testify is to be ‘scrupulously avoided.’ Arthur v. State, 575 So.2d 1165, 1186 (Ala.Cr.App.1990), cert. denied, 575 So.2d 1191 (Ala.1991). ‘Every time a prosecutor stresses a failure to present testimony, the facts and circumstances must be closely examined to see whether the defendant’s right to remain silent has been violated.’ Windsor v. State, 593 So.2d 87, 91 (Ala.Cr.App.1991), quoting Padgett v. State, 45 Ala.App. 56 , 223 So.2d 597, 602 (1969). ‘In a case where there has been only an indirect reference to a defendant’s failure to testify, in orde | 1 | 2010–2010 |
Wilson v. State
green
1 sentence2003Ex parte Yarber, 375 So.2d at 1234 ; Ex parte Williams, supra; Ex parte Wilson, supra; Ex parte Purser, supra. A virtual identification will not exist where the prosecutor's comments were directed toward the fact that the State's evidence was uncontradicted, or had not been denied. | 1 | 2003–2003 |
In re Florida
green
1 sentence1996I, § 6 [Const. of Ala. of 1901] is violated." Ex parte Tucker, 454 So.2d 552, 553 (Ala. 1984); Ex parte Dobard, 435 So.2d 1351, 1359 (Ala.1983), cert. denied, 464 U.S. 1063 , 104 S.Ct. 745 , 79 L.Ed.2d 203 (1984) (quoting Beecher v. State, 294 Ala. 674, 682 , 320 So.2d 727, 734 (1975)). | 1 | 1996–1996 |
Levasseur v. Wainwright
green
1 sentence1996I, § 6 [Const. of Ala. of 1901] is violated." Ex parte Tucker, 454 So.2d 552, 553 (Ala. 1984); Ex parte Dobard, 435 So.2d 1351, 1359 (Ala.1983), cert. denied, 464 U.S. 1063 , 104 S.Ct. 745 , 79 L.Ed.2d 203 (1984) (quoting Beecher v. State, 294 Ala. 674, 682 , 320 So.2d 727, 734 (1975)). | 1 | 1996–1996 |
Childress v. United States
green
1 sentence1996I, § 6 [Const. of Ala. of 1901] is violated." Ex parte Tucker, 454 So.2d 552, 553 (Ala. 1984); Ex parte Dobard, 435 So.2d 1351, 1359 (Ala.1983), cert. denied, 464 U.S. 1063 , 104 S.Ct. 745 , 79 L.Ed.2d 203 (1984) (quoting Beecher v. State, 294 Ala. 674, 682 , 320 So.2d 727, 734 (1975)). | 1 | 1996–1996 |
Ex Parte McWilliams
green
2 sentences1993Ex parte Yarber, 375 So.2d 1231, 1234 (Ala.1979).' 461 So.2d at 854 ." McWilliams, 640 So.2d at 1020 . 1993Ex parte Yarber , 375 So.2d 1231 , 1234 (Ala. 1979).' 461 So.2d at 854 ." McWilliams , 640 So.2d at 1020 . | 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.