manner defense in Alabama

2023See Ex parte City of Birmingham, 624 So. 2d 1018 (Ala. 1993).

2018See Ex parte City of Birmingham , 624 So.2d 1018 (Ala. 1993).

2017See City of Birmingham v. Brown , 969 So.2d 910 , 916 (Ala. 2007) ("Immunity applies to employees of municipalities in the same manner that immunity applies to employees of the State."); see also Taylor v. Adams , 221 F.3d 1254 , 1261 (11th Cir. 2000) (holding that Alabama's State-agent-immunity doctrine is applicable to municipal firemedic).

2015See Ex parte Kennedy, 992 So.2d 1276 (Ala.2008), and City of Birmingham v. Brown, 969 So.2d 910, 916 (Ala.2007)(‘Immunity applies to employees of'municipalities in the same manner that immunity applies to employees of the State.’ (citing Cranman, supra)).

2015See Ex parte Kennedy, 992 So.2d 1276 (Ala.2008), and City of Birmingham v. Brown, 969 So.2d 910, 916 (Ala.2007)(‘Immunity applies to employees of'municipalities in the same manner that immunity applies to employees of the State.’ (citing Cranman, supra)).

2010See Ex parte Kennedy, 992 So.2d 1276 (Ala.2008), and City of Birmingham v. Brown, 969 So.2d 910, 916 (Ala.2007) (“Immunity applies to employees of municipalities in the same manner that immunity applies to employees of the State.” (citing Cranman, supra)).

2015See Ex parte Kennedy, 992 So.2d 1276 (Ala.2008), and City of Birmingham v. Brown, 969 So.2d 910, 916 (Ala.2007)(‘Immunity applies to employees of'municipalities in the same manner that immunity applies to employees of the State.’ (citing Cranman, supra)).

2010See Ex parte Kennedy, 992 So.2d 1276 (Ala.2008), and City of Birmingham v. Brown, 969 So.2d 910, 916 (Ala.2007) (“Immunity applies to employees of municipalities in the same manner that immunity applies to employees of the State.” (citing Cranman, supra)).

2025Contrary to Johnson's presentation of this claim, the testimony at trial was not that "Johnson belonged to a gang." (Johnson's brief at 73.) Moreover, considering the manner in which defense counsel cross- examined Investigator Brown to inject a second explanation for the colored bandanas attached to the weapons recovered from Tyson's vehicle, the complete absence of any other testimony, argument, or references to possible gang activity involving Johnson, and the 55 CR-2023-0911 prosecutor's clear assertion that the State was not suggesting any such gang involvement, we cannot conclude that th

2025"The restatement of State-agent immunity as set out by this Court in Ex parte Cranman, supra, governs the determination of whether a peace officer is entitled to immunity under § 6-5-338(a)." Ex parte City of Montgomery, 99 So. 3d 282, 292 (Ala. 2012)(citing Ex parte City of Tuskegee, 932 So. 2d 895, 904 (Ala. 2005)).

2025"The restatement of State-agent immunity as set out by this Court in Ex parte Cranman, supra, governs the determination of whether a peace officer is entitled to immunity under § 6-5-338(a)." Ex parte City of Montgomery, 99 So. 3d 282, 292 (Ala. 2012)(citing Ex parte City of Tuskegee, 932 So. 2d 895, 904 (Ala. 2005)).

2017See City of Birmingham v. Brown , 969 So.2d 910 , 916 (Ala. 2007) ("Immunity applies to employees of municipalities in the same manner that immunity applies to employees of the State."); see also Taylor v. Adams , 221 F.3d 1254 , 1261 (11th Cir. 2000) (holding that Alabama's State-agent-immunity doctrine is applicable to municipal firemedic).

2008I concur in the result, however, because collateral estoppel was one of two grounds upon which the Court of Civil Appeals upheld the trial court's judgment in the present case (the other being that court's holding that Ex parte Hoover itself directly *902 required that result, see State Dep't of Revenue v. Hoover, Inc., 993 So.2d 889, 890-98 (Ala.Civ.App.2007)), and yet the Department's petition does not ask us to address that ground. [4] Thus, even if we were to agree with the Department that Ex parte Hoover should be overruled in light of the United States Supreme Court's holding in United H

2008See, e.g., Commissioner v. Sunnen, 333 U.S. 591, 600 , 68 S.Ct. 715 , 92 L.Ed. 898 (1948) (explaining the manner in which the doctrine of collateral estoppel applies in tax cases that, though they involve different tax years, involve "controlling facts and applicable legal rules [that] remain unchanged " (emphasis added)), quoted with approval in State v. Delaney's, Inc., 668 So.2d 768, 772 (Ala.Civ.App.1995).

2008See, e.g., Commissioner v. Sunnen, 333 U.S. 591, 600 , 68 S.Ct. 715 , 92 L.Ed. 898 (1948) (explaining the manner in which the doctrine of collateral estoppel applies in tax cases that, though they involve different tax years, involve "controlling facts and applicable legal rules [that] remain unchanged " (emphasis added)), quoted with approval in State v. Delaney's, Inc., 668 So.2d 768, 772 (Ala.Civ.App.1995).

2008See, e.g., Commissioner v. Sunnen, 333 U.S. 591, 600 , 68 S.Ct. 715 , 92 L.Ed. 898 (1948) (explaining the manner in which the doctrine of collateral estoppel applies in tax cases that, though they involve different tax years, involve "controlling facts and applicable legal rules [that] remain unchanged " (emphasis added)), quoted with approval in State v. Delaney's, Inc., 668 So.2d 768, 772 (Ala.Civ.App.1995).

2007“However, ‘[t]he ore tenus presumption of correctness applies to findings of fact, not to conclusions of law.’ City of Russellville Zoning Bd. of Adjustment v. Vernon, 842 So.2d 627, 629 (Ala.2002). ‘[T]he ore tenus rule does not extend to cloak a trial judge’s conclusions of law, or incorrect application of law to the facts, with a presumption of correctness.’ Eubanks v. Hale, 752 So.2d 1113, 1144-45 (Ala.1999). ‘ “ ‘[W]hen the trial court improperly applies the law to the facts, no presumption of correctness exists as to the court’s judgment.’ ” ’ Ex parte Jackson, 886 So.2d at 159 , quoting

2007Although Brownfield did not present any witnesses at the suppression hearing, he did file a number of ex parte motions with the trial court regarding his expert witnesses and the manner in which the defense contended Xanax and other medications affect an individual’s mental state. 5 “ ‘The trial court held the suppression hearing outside the hearing of the jury; therefore, we review the evidentiary findings of the trial court at that hearing under the ore tenus standard.’ Ex parte Jackson, 886 So.2d 155, 159 (Ala.2004). ‘When evidence is presented ore tenus to the trial court, the court’s find

2007“However, ‘[t]he ore tenus presumption of correctness applies to findings of fact, not to conclusions of law.’ City of Russellville Zoning Bd. of Adjustment v. Vernon, 842 So.2d 627, 629 (Ala.2002). ‘[T]he ore tenus rule does not extend to cloak a trial judge’s conclusions of law, or incorrect application of law to the facts, with a presumption of correctness.’ Eubanks v. Hale, 752 So.2d 1113, 1144-45 (Ala.1999). ‘ “ ‘[W]hen the trial court improperly applies the law to the facts, no presumption of correctness exists as to the court’s judgment.’ ” ’ Ex parte Jackson, 886 So.2d at 159 , quoting

2007Although Brownfield did not present any witnesses at the suppression hearing, he did file a number of ex parte motions with the trial court regarding his expert witnesses and the manner in which the defense contended Xanax and other medications affect an individual’s mental state. 5 “ ‘The trial court held the suppression hearing outside the hearing of the jury; therefore, we review the evidentiary findings of the trial court at that hearing under the ore tenus standard.’ Ex parte Jackson, 886 So.2d 155, 159 (Ala.2004). ‘When evidence is presented ore tenus to the trial court, the court’s find

2007“However, ‘[t]he ore tenus presumption of correctness applies to findings of fact, not to conclusions of law.’ City of Russellville Zoning Bd. of Adjustment v. Vernon, 842 So.2d 627, 629 (Ala.2002). ‘[T]he ore tenus rule does not extend to cloak a trial judge’s conclusions of law, or incorrect application of law to the facts, with a presumption of correctness.’ Eubanks v. Hale, 752 So.2d 1113, 1144-45 (Ala.1999). ‘ “ ‘[W]hen the trial court improperly applies the law to the facts, no presumption of correctness exists as to the court’s judgment.’ ” ’ Ex parte Jackson, 886 So.2d at 159 , quoting

2007Although Brownfield did not present any witnesses at the suppression hearing, he did file a number of ex parte motions with the trial court regarding his expert witnesses and the manner in which the defense contended Xanax and other medications affect an individual’s mental state. 5 “ ‘The trial court held the suppression hearing outside the hearing of the jury; therefore, we review the evidentiary findings of the trial court at that hearing under the ore tenus standard.’ Ex parte Jackson, 886 So.2d 155, 159 (Ala.2004). ‘When evidence is presented ore tenus to the trial court, the court’s find

2007Although Brownfield did not present any witnesses at the suppression hearing, he did file a number of ex parte motions with the trial court regarding his expert witnesses and the manner in which the defense contended Xanax and other medications affect an individual’s mental state. 5 “ ‘The trial court held the suppression hearing outside the hearing of the jury; therefore, we review the evidentiary findings of the trial court at that hearing under the ore tenus standard.’ Ex parte Jackson, 886 So.2d 155, 159 (Ala.2004). ‘When evidence is presented ore tenus to the trial court, the court’s find

2007Although Brownfield did not present any witnesses at the suppression hearing, he did file a number of ex parte motions with the trial court regarding his expert witnesses and the manner in which the defense contended Xanax and other medications affect an individual’s mental state. 5 “ ‘The trial court held the suppression hearing outside the hearing of the jury; therefore, we review the evidentiary findings of the trial court at that hearing under the ore tenus standard.’ Ex parte Jackson, 886 So.2d 155, 159 (Ala.2004). ‘When evidence is presented ore tenus to the trial court, the court’s find

2007Although Brownfield did not present any witnesses at the suppression hearing, he did file a number of ex parte motions with the trial court regarding his expert witnesses and the manner in which the defense contended Xanax and other medications affect an individual’s mental state. 5 “ ‘The trial court held the suppression hearing outside the hearing of the jury; therefore, we review the evidentiary findings of the trial court at that hearing under the ore tenus standard.’ Ex parte Jackson, 886 So.2d 155, 159 (Ala.2004). ‘When evidence is presented ore tenus to the trial court, the court’s find

2007Although Brownfield did not present any witnesses at the suppression hearing, he did file a number of ex parte motions with the trial court regarding his expert witnesses and the manner in which the defense contended Xanax and other medications affect an individual’s mental state. 5 “ ‘The trial court held the suppression hearing outside the hearing of the jury; therefore, we review the evidentiary findings of the trial court at that hearing under the ore tenus standard.’ Ex parte Jackson, 886 So.2d 155, 159 (Ala.2004). ‘When evidence is presented ore tenus to the trial court, the court’s find

2007Although Brownfield did not present any witnesses at the suppression hearing, he did file a number of ex parte motions with the trial court regarding his expert witnesses and the manner in which the defense contended Xanax and other medications affect an individual’s mental state. 5 “ ‘The trial court held the suppression hearing outside the hearing of the jury; therefore, we review the evidentiary findings of the trial court at that hearing under the ore tenus standard.’ Ex parte Jackson, 886 So.2d 155, 159 (Ala.2004). ‘When evidence is presented ore tenus to the trial court, the court’s find

2007“However, ‘[t]he ore tenus presumption of correctness applies to findings of fact, not to conclusions of law.’ City of Russellville Zoning Bd. of Adjustment v. Vernon, 842 So.2d 627, 629 (Ala.2002). ‘[T]he ore tenus rule does not extend to cloak a trial judge’s conclusions of law, or incorrect application of law to the facts, with a presumption of correctness.’ Eubanks v. Hale, 752 So.2d 1113, 1144-45 (Ala.1999). ‘ “ ‘[W]hen the trial court improperly applies the law to the facts, no presumption of correctness exists as to the court’s judgment.’ ” ’ Ex parte Jackson, 886 So.2d at 159 , quoting

1995See Taylor v. United States , 414 U.S. 17 [ 94 S.Ct. 194 , 38 L.Ed.2d 174 ] (1973).

1995See Taylor v. United States , 414 U.S. 17 [ 94 S.Ct. 194 , 38 L.Ed.2d 174 ] (1973).

1987See Fisher v. State, 439 So.2d 176 (Ala.Crim.App.1983) ("[s]pecific grounds of objection waive all grounds not specified").