circumstances factors in Alabama

30 Alabama opinions name it 2 courts 1926–2024 1 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.

Followed or applied (9)

Case	Followed	Cited
Donald L. Owen v. State of Alabama, Willie E. Johnson, Wardengreen ca11 · 1988 · cited in 2 Alabama opinions naming this issue, 1992–1992 2 sentences 1992The problem with this position, however, is that “[t]he totality of the circumstances test, which is used to determine whether an accused has ‘knowingly and voluntarily’ waived his Miranda rights, has no role in the determination of whether an accused’s request for counsel [and here, his request for a parent] is clear or equivocal.” Owen v. Alabama, 849 F.2d at 539 (citation omitted). 1992The problem with this position, however, is that "[t]he totality of the circumstances test, which is used to determine whether an accused has `knowingly and voluntarily' waived his Miranda rights, has no role in the determination of whether an accused's request for counsel [and here, his request for a parent] is clear or equivocal." Owen v. Alabama, 849 F.2d at 539 (citation omitted).	2	2
Neil v. Biggersgreen scotus · 1972 · cited in 4 Alabama opinions naming this issue, 1982–2014 2 sentences 2014Only when the pretrial procedures used are unnecessarily or impermissibly suggestive must we analyze the totality of the circumstances under the factors set out in Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972). 2014Only when the pretrial procedures used are unnecessarily or impermissibly suggestive must we analyze the totality of the circumstances under the factors set out in Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972).	1	4
Manson v. Brathwaitegreen scotus · 1977 · cited in 2 Alabama opinions naming this issue, 1982–1987 2 sentences 1987See also Jones v. State , 415 So.2d 1233 , 1236 (Ala.Cr.App. 1982)." Johnson v. State, supra , at 1328. Page 94 The victim's identification of the appellant was reliable when considered under "the totality of the circumstances and the factors outlined in Neil v. Biggers , 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972), and Manson v. Brathwaite , 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)." Ford v. State , 426 So.2d 512 , 513 (Ala.Cr.App. 1982). 1987See also Jones v. State , 415 So.2d 1233 , 1236 (Ala.Cr.App. 1982)." Johnson v. State, supra , at 1328. Page 94 The victim's identification of the appellant was reliable when considered under "the totality of the circumstances and the factors outlined in Neil v. Biggers , 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972), and Manson v. Brathwaite , 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)." Ford v. State , 426 So.2d 512 , 513 (Ala.Cr.App. 1982).	1	2
EC v. Stategreen alacrimapp · 1992 · cited in 1 Alabama opinions naming this issue, 2024–2024 1 sentence 2024This Court also held that " '[t]he totality of the circumstances test, which is used to determine whether an accused has "knowingly and voluntarily" waived his Miranda rights, has no role in the determination of whether an accused's request for counsel ... is clear or equivocal.' " 623 So. 2d at 368 (internal citations omitted).	1	1
Whitt v. Stategreen alacrimapp · 1998 · cited in 1 Alabama opinions naming this issue, 2014–2014 1 sentence 2014Coleman v. State, 487 So.2d 1380 (Ala.Crim.App.1986).” Whitt v. State, 733 So.2d 463, 471-72 (Aa.	1	1
L & S Roofing Supply Co. v. ST. PAUL FIRE & MARINE INSURANCEgreen ala · 1987 · cited in 1 Alabama opinions naming this issue, 1993–1993 1 sentence 1993In this Court, L S contended that " in all cases where there is a reservation of rights, regardless of the actual circumstances of the defense provided by the insurer, the insured is entitled to defense counsel of its choice who shall control the defense, and whose reasonable fees the insurer is required to pay." Id. at 1304 (emphasis in original).	1	1
Jones v. Stategreen alacrimapp · 1982 · cited in 1 Alabama opinions naming this issue, 1987–1987 1 sentence 1987See also Jones v. State , 415 So.2d 1233 , 1236 (Ala.Cr.App. 1982)." Johnson v. State, supra , at 1328. *Page 94 The victim's identification of the appellant was reliable when considered under "the totality of the circumstances and the factors outlined in Neil v. Biggers , 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972), and Manson v. Brathwaite , 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)." Ford v. State , 426 So.2d 512 , 513 (Ala.Cr.App. 1982).	1	1
Ford v. Stategreen alacrimapp · 1982 · cited in 1 Alabama opinions naming this issue, 1987–1987 1 sentence 1987See also Jones v. State , 415 So.2d 1233 , 1236 (Ala.Cr.App. 1982)." Johnson v. State, supra , at 1328. *Page 94 The victim's identification of the appellant was reliable when considered under "the totality of the circumstances and the factors outlined in Neil v. Biggers , 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972), and Manson v. Brathwaite , 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)." Ford v. State , 426 So.2d 512 , 513 (Ala.Cr.App. 1982).	1	1
Simmons v. United Statesgreen scotus · 1968 · cited in 1 Alabama opinions naming this issue, 1982–1982 2 sentences 1982See Simmons v. United States, 390 U.S. 377 , 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1969); Stovall v. Denno, 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 (1967). 1982See Simmons v. United States, 390 U.S. 377 , 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1969); Stovall v. Denno, 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 (1967).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (32)

Case	Cited	Years
Strickland v. Washington green scotus · 1984 2 sentences 1990Id., at 689 , 104 S.Ct., at 2065 . 1005 The defendant shows that he was prejudiced by his attorney's ineffectiveness by demonstrating that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id., at 694 , 104 S.Ct. at 2068 . 1990Id., at 689 , 104 S.Ct., at 2065 . 1005 The defendant shows that he was prejudiced by his attorney's ineffectiveness by demonstrating that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id., at 694 , 104 S.Ct. at 2068 .	4	1988–1990
Illinois v. Gates green scotus · 1983 2 sentences 1989But in Illinois v. Gates [, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)], the Supreme Court decided to 'abandon the "two-pronged test" in favor of a much more ambiguous 'totality of the circumstances analysis.' It is thus less clear now than it once was just when an informant's information will suffice to show probable cause for a full arrest or search. 1989But in Illinois v. Gates [, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)], the Supreme Court decided to 'abandon the "two-pronged test" in favor of a much more ambiguous 'totality of the circumstances analysis.' It is thus less clear now than it once was just when an informant's information will suffice to show probable cause for a full arrest or search.	4	1984–1989
Coleman v. State green alacrimapp · 1986 2 sentences 2014Coleman v. State, 487 So.2d 1380 (Ala.Crim.App.1986).” Whitt v. State, 733 So.2d 463, 471-72 (Aa. 1998Coleman v. State, 487 So.2d 1380 (Ala.Crim.App. 1986).	2	1998–2014
Thomas v. State neutral ala · 1941 2 sentences 1961Cf. Thomas v. State, 241 Ala. 381 , 2 So.2d 772 . 1957Cf. Thomas v. State, 241 Ala. 381 , 2 So.2d 772.	2	1957–1961
Thomas v. State neutral ala · 1941 2 sentences 1961Cf. Thomas v. State, 241 Ala. 381 , 2 So.2d 772 . 1957Cf. Thomas v. State, 241 Ala. 381 , 2 So.2d 772.	2	1957–1961
Berghuis v. Thompkins green scotus · 2010 1 sentence 2024E.C., however, was decided before the United States Supreme Court's decisions in Davis v. United States, 512 U.S. 452 (1994), and Berghuis v. Thompkins, 560 U.S. 370 (2010), and, in light of those decisions, it is no longer good law.	1	2024–2024
Davis v. United States green scotus · 1994 1 sentence 2024E.C., however, was decided before the United States Supreme Court's decisions in Davis v. United States, 512 U.S. 452 (1994), and Berghuis v. Thompkins, 560 U.S. 370 (2010), and, in light of those decisions, it is no longer good law.	1	2024–2024
Rogers v. State green ala · 1992 1 sentence 1997In Rogers v. State, 630 So.2d 88 (Ala. 1992), the Alabama Supreme Court discussed the circumstances under which an instruction regarding flight is proper.	1	1997–1997
Ex Parte Jones green ala · 1989 1 sentence 1997The Rogers Court, quoting Ex parte Jones, 541 So.2d 1052 (Ala.1989), addressed the balancing of evidence of flight against its prejudicial effect: "`Evidence of flight has long been allowed in the courts of Alabama, and the State is generally given wide latitude in proving things that occurred during the accused's flight.	1	1997–1997
Central of Georgia Railway Company v. Phillips green · 1970 2 sentences 1988Seaboard Coastline R.R. v. Moore , 479 So.2d 1131 (Ala. 1985); Central of Georgia Ry. v. Phillips , 286 Ala. 365 , 240 So.2d 118 (1970). 1988Seaboard Coastline R.R. v. Moore , 479 So.2d 1131 (Ala. 1985); Central of Georgia Ry. v. Phillips , 286 Ala. 365 , 240 So.2d 118 (1970).	1	1988–1988
Seaboard Coast Line R. Co. v. Moore green ala · 1985 2 sentences 1988Seaboard Coastline R.R. v. Moore, 479 So.2d 1131 (Ala.1985); Central of Georgia Ry. v. Phillips, 286 Ala. 365 , 240 So.2d 118 (1970). 1988Seaboard Coastline R.R. v. Moore , 479 So.2d 1131 (Ala. 1985); Central of Georgia Ry. v. Phillips , 286 Ala. 365 , 240 So.2d 118 (1970).	1	1988–1988
Williamson v. State green alacrimapp · 1980 1 sentence 1987"The factors to be considered when [a] question is presented with reference to . . . the validity of the identification are set out in [ Williamson v. State , 384 So.2d 1224 (Ala.Cr.App. 1980)].	1	1987–1987
Williams v. City of Tuscumbia green ala · 1983 2 sentences 1987"We find that the liability for negligent design or maintenance of drainage systems is analogous to that involved in the construction and maintenance of streets, alleys, or public ways or buildings, and, thus, that the city is not immune in this case." (Emphasis added.) We find this case to be controlled by Williams v. Tuscumbia, supra , and it follows that no municipal immunity exists under the circumstances of this claim. 1987"We find that the liability for negligent design or maintenance of drainage systems is analogous to that involved in the construction and maintenance of streets, alleys, or public ways or buildings, and, thus, that the city is not immune in this case." (Emphasis added.) We find this case to be controlled by Williams v. Tuscumbia, supra, and it follows that no municipal immunity exists under the circumstances of this claim.	1	1987–1987
Schneckloth v. Bustamonte green scotus · 1973 2 sentences 1986Schneckloth v. Bustamonte , 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973); Scott v. State, supra. "Voluntariness is a question of fact to be determined from all the circumstances, and while the subject's knowledge of a right to refuse is a factor Page 1282 to be taken into account, the prosecution is not required to demonstrate such knowledge as a prerequisite to establishing a voluntary consent." Schneckloth, supra. The burden is on the prosecution to show that the consent was freely and voluntarily given. 1986Schneckloth v. Bustamonte , 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973); Scott v. State, supra. "Voluntariness is a question of fact to be determined from all the circumstances, and while the subject's knowledge of a right to refuse is a factor Page 1282 to be taken into account, the prosecution is not required to demonstrate such knowledge as a prerequisite to establishing a voluntary consent." Schneckloth, supra. The burden is on the prosecution to show that the consent was freely and voluntarily given.	1	1986–1986
State v. Smith green neb · 1984 1 sentence 1985Under the circumstances it was error to place before the jury any evidence regarding the result from the Alco-Sensor." Smith , 352 N.W.2d at 624 .	1	1985–1985
Sawyer v. State green alacrimapp · 1984 2 sentences 1984Further, a hearsay tip from an unidentified source was found insufficient to establish probable cause in Sawyer v. State , 456 So.2d 114 (Ala.Cr.App. 1984), under the "totality of the circumstances test" outlined in Gates . 1984Further, a hearsay tip from an unidentified source was found insufficient to establish probable cause in Sawyer v. State , 456 So.2d 114 (Ala.Cr.App. 1984), under the "totality of the circumstances test" outlined in Gates .	1	1984–1984
McCants v. State green alacrimapp · 1984 1 sentence 1984In Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), the Aguilar-Spinelli tests were abandoned in favor of the "totality of the circumstances test". 103 S.Ct. at 2332 ; McCants v. State, 459 So.2d 992 (Ala.Crim.	1	1984–1984
Houk v. State green alacrimapp · 1984 1 sentence 1984The facts of the case at bar are distinguishable from Houk v. State , 455 So.2d 115 , 118 (Ala.Cr.App. 1984), where a reliable informant provided highly detailed information in his tip to police.	1	1984–1984
Mims v. State neutral alacrimapp · 1983 1 sentence 1984This analysis of the application of Gates and the "totality of the circumstances test" is consistent with this court's decision in Mims v. State , 442 So.2d 133 , 135 (Ala.Cr.App. 1983), where there was sufficient probable cause because there was evidence that the informant was reliable or credible and also had a sufficient basis of knowledge of the information.	1	1984–1984
Archie v. State green alacrimapp · 1984 1 sentence 1984The personal observation of a reliable informant (a reserve police officer) met the "totality of the circumstances test" for probable cause in Archie v. State , 455 So.2d 122 , 126 (Ala.Cr.App. 1984).	1	1984–1984
Dockery v. State green ala · 1959	1	1982–1982
Stovall v. Denno green scotus · 1967	1	1982–1982
Wilson v. State green alactapp · 1928 2 sentences 1982Dockery v. State , 269 Ala. 564 , 114 So.2d 394 (1959); Wilson v. State , 22 Ala. App. 554 , 117 So. 615 (1928). 1982Dockery v. State , 269 Ala. 564 , 114 So.2d 394 (1959); Wilson v. State , 22 Ala. App. 554 , 117 So. 615 (1928).	1	1982–1982
Shipman v. State green ala · 1973	1	1980–1980
Johnson v. State green alacrimapp · 1975	1	1980–1980
Johnson v. State green · 1975	1	1980–1980
Johnson v. State green ala · 1975	1	1980–1980
Kinkard v. State green alacrimapp · 1976	1	1980–1980
Ex Parte Little green ala · 1957	1	1961–1961
Henderson v. Henderson neutral ala · 1934	1	1960–1960
Lawson v. Mobile Electric Co. green · 1920	1	1934–1934
Dent v. De Arman neutral ala · 1924	1	1926–1926

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (3)

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.

Where else courts name it

NY 214 (1885–2025) CA 182 (1900–2026) PA 125 (1903–2026) IL 121 (1856–2026) TX 115 (1908–2025) OH 76 (1902–2025) FL 62 (1933–2020) NJ 61 (1949–2026) WI 60 (1915–2026) MD 52 (1964–2025) MA 49 (1917–2020) VA 43 (1877–2023) NC 42 (1924–2026) GA 42 (1905–2025) LA 41 (1965–2020) TN 40 (1918–2026) MO 39 (1897–2021) IN 33 (1925–2020) CO 32 (1945–2026) AL 30 (1926–2024) WA 29 (1960–2026) MT 28 (1912–2020) OR 28 (1959–2026) NE 28 (1932–2026) MI 27 (1921–2026) CT 27 (1978–2026) WY 26 (1934–2026) KY 26 (1916–2023) MN 26 (1949–2024) KS 26 (1926–2025) AZ 26 (1963–2022) VT 26 (1913–2026) NM 22 (1990–2023) SD 18 (1940–2024) MS 16 (1921–2020) HI 16 (1925–2021) DC 16 (1973–2024) IA 16 (1915–2023) ND 13 (1974–2012) ID 12 (1925–2024) DE 12 (1977–2026) NV 11 (1948–2026) AR 11 (1956–2001) ME 11 (1965–2022) UT 11 (1985–2024) SC 10 (1925–2024) OK 9 (1910–2021) WV 8 (1940–2026) NH 8 (1973–2021) AK 7 (1976–1996) RI 6 (1971–2012) VI 3 (2006–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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