six statutory factors (Alabama) · Go Syfert
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six statutory factors in Alabama

22 Alabama opinions name it 2 courts 1982–1996 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.

Followed or applied (5)

CaseFollowedCited
N.D.T. v. Stategreen
alacrimapp · 1991 · cited in 8 Alabama opinions naming this issue, 1993–1994
2 sentences

1993The weighing and balancing of the six statutory factors in determining whether to transfer a juvenile to circuit court for adult prosecution "does not involve the mere tallying of the circumstances for numerical comparison." A.M., 623 So.2d at 426 ; see also N.D.T. v. State, 592 So.2d 647 (Ala.Crim.App.1991).

1993The weighing and balancing of the six statutory factors in determining whether to transfer a juvenile to circuit court for adult prosecution “does not involve the mere tallying of the circumstances for numerical comparison.” A.M., 623 So.2d at 426 ; see also N.D.T. v. State, 592 So.2d 647 (Ala.Crim.App.1991).

78
AWM v. Stategreen
alacrimapp · 1993 · cited in 2 Alabama opinions naming this issue, 1993–1993
2 sentences

1993It is equally as clear that the judge did not base the transfer order solely on the nature of the offense, see A.W.M. v. State, 627 So.2d at 1152 ("[t]he decision to transfer a juvenile for prosecution as an adult may not be based solely on the nature of the offense") (emphasis in original), but, instead considered each of the six statutory factors, as well as other relevant circumstances, as required by § 12-15-34(d).

1993It is equally as clear that the judge did not base the transfer order solely on the nature of the offense, see A.W.M. v. State, 627 So.2d at 1152 (“[t]he decision to transfer a juvenile for prosecution as an adult may not be based solely on the nature of the offense”) (emphasis in original), but, instead considered each of the six statutory factors, as well as other relevant circumstances, as required by § 12-15-34(d).

22
Clisby v. Stategreen
alacrimapp · 1983 · cited in 2 Alabama opinions naming this issue, 1991–1991
2 sentences

1991There was also evidence that the appellant was a member of the Vice Lords, a juvenile gang. *650 Like the weighing of aggravating and mitigating circumstances in a deciding whether the death penalty should be imposed, the weighing of the six statutory factors and other considerations in determining whether a juvenile should be transferred from the juvenile court to the circuit court for criminal prosecution as an adult does not involve "a mere tallying of [the] circumstances for the purpose of numerical comparison." Clisby v. State, 456 So.2d 99, 102 (Ala.Cr.App.), affirmed, 456 So.2d 105 (Ala

1991Like the weighing of aggravating and mitigating circumstances in a deciding whether the death penalty should be imposed, the weighing of the six statutory factors and other considerations in determining whether a juvenile should be transferred from the juvenile court to the circuit court for criminal prosecution as an adult does not involve “a mere tallying of [the] circumstances for the purpose of numerical comparison.” Clisby v. State, 456 So.2d 99, 102 (Ala.Cr.App.), affirmed, 456 So.2d 105 (Ala.1983), cert. denied, 470 U.S. 1009 , 105 S.Ct. 1372 , 84 L.Ed.2d 391 (1985).

22
Sanborn v. Stategreen
alacrimapp · 1982 · cited in 2 Alabama opinions naming this issue, 1990–1990
2 sentences

1990See Sanborn v. State, 421 So.2d 1373, 1375 (Ala.Cr.App.1982).

1990See Sanborn v. State, 421 So.2d 1373, 1375 (Ala.Cr.App.1982).

22
Stubbs v. Stategreen
alacrimapp · 1988 · cited in 1 Alabama opinions naming this issue, 1996–1996
2 sentences

1996The circuit court is “to hold another evidentiary hearing in order for it to comply with § 12-15-34,” Stubbs v. State, 522 So.2d 9, 11 (Ala. Cr.App.1988), and “the corrected record must disclose that the transferring court, upon remand, did consider evidence of relevant factors not addressed in its former, incorrect or insufficient order,” id.

1996The circuit court is “to hold another evidentiary hearing in order for it to comply with § 12-15-34,” Stubbs v. State, 522 So.2d 9, 11 (Ala. Cr.App.1988), and “the corrected record must disclose that the transferring court, upon remand, did consider evidence of relevant factors not addressed in its former, incorrect or insufficient order,” id.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Palmer v. State green
alacrimapp · 1986
2 sentences

1994Palmer v. State, 485 So.2d 1247 (Ala.Cr.App.1986). “‘[T]he weighing of the six statutory factors and other considerations in determining whether a juvenile should be transferred from the juvenile court to the circuit court for criminal prosecution as an adult does not involve “a mere tallying of the circumstances for the purpose of numerical comparison”....

1993Palmer v. State, 485 So.2d 1247 (Ala.Cr .App.1986). “[T]he weighing of the six statutory factors and other considerations in determining whether a juvenile should be transferred from the juvenile court to the circuit court for criminal prosecution as an adult does not involve ‘a mere tallying of the circumstances for the purpose of numerical comparison’....

31993–1994
Bragg v. State green
ala · 1982
2 sentences

1988The mere recital in the transfer order, however, that the trial court has considered the six statutory factors is sufficient, Brown v. State, 353 So.2d 1384 (Ala.1978), where there is evidence to support the order.” Bragg v. State, 416 So.2d at 717 .

1986"The mere recital in the transfer order, that the trial court has considered the six statutory factors [outlined in § 12-15-34 (d)] is sufficient, Brown v. State , 353 So.2d 1384 (Ala. 1977), where there is evidence to support the order." Bragg , 416 So.2d at 717 .

31984–1988
Brown v. State green
ala · 1977
2 sentences

1988The mere recital in the transfer order, however, that the trial court has considered the six statutory factors is sufficient, Brown v. State, 353 So.2d 1384 (Ala.1978), where there is evidence to support the order.” Bragg v. State, 416 So.2d at 717 .

1986"The mere recital in the transfer order, that the trial court has considered the six statutory factors [outlined in § 12-15-34 (d)] is sufficient, Brown v. State , 353 So.2d 1384 (Ala. 1977), where there is evidence to support the order." Bragg , 416 So.2d at 717 .

31982–1988
Cruse v. State neutral
alacrimapp · 1984
2 sentences

1994The Court of Criminal Appeals, in Cruse v. State, 474 So.2d 106 (Ala.Crim.App.1984), stated the following: "Our review convinces us that an appeal of the transfer order would have resulted in a reversal of that order for its failure to list the six statutory factors.

1994The Court of Criminal Appeals, in Cruse v. State, 474 So.2d 106 (Ala.Crim.App.1984), stated the following: “Our review convinces us that an appeal of the transfer order would have resulted in a reversal of that order for its failure to list the six statutory factors.

21994–1994
AM v. State neutral
alacrimapp · 1993
2 sentences

1993The weighing and balancing of the six statutory factors in determining whether to transfer a juvenile to circuit court for adult prosecution "does not involve the mere tallying of the circumstances for numerical comparison." A.M., 623 So.2d at 426 ; see also N.D.T. v. State, 592 So.2d 647 (Ala.Crim.App.1991).

1993The weighing and balancing of the six statutory factors in determining whether to transfer a juvenile to circuit court for adult prosecution “does not involve the mere tallying of the circumstances for numerical comparison.” A.M., 623 So.2d at 426 ; see also N.D.T. v. State, 592 So.2d 647 (Ala.Crim.App.1991).

21993–1993
Ex Parte Clisby green
ala · 1984
2 sentences

1991There was also evidence that the appellant was a member of the Vice Lords, a juvenile gang. *650 Like the weighing of aggravating and mitigating circumstances in a deciding whether the death penalty should be imposed, the weighing of the six statutory factors and other considerations in determining whether a juvenile should be transferred from the juvenile court to the circuit court for criminal prosecution as an adult does not involve "a mere tallying of [the] circumstances for the purpose of numerical comparison." Clisby v. State, 456 So.2d 99, 102 (Ala.Cr.App.), affirmed, 456 So.2d 105 (Ala

1991Like the weighing of aggravating and mitigating circumstances in a deciding whether the death penalty should be imposed, the weighing of the six statutory factors and other considerations in determining whether a juvenile should be transferred from the juvenile court to the circuit court for criminal prosecution as an adult does not involve “a mere tallying of [the] circumstances for the purpose of numerical comparison.” Clisby v. State, 456 So.2d 99, 102 (Ala.Cr.App.), affirmed, 456 So.2d 105 (Ala.1983), cert. denied, 470 U.S. 1009 , 105 S.Ct. 1372 , 84 L.Ed.2d 391 (1985).

21991–1991
Williams v. State green
ala · 1978
1 sentence

1986An appellate court will not interfere with a juvenile court's order of transfer unless that order is "clearly erroneous." Williams v. State , 361 So.2d 1157 (Ala. 1978).

11986–1986
Alabama Hide and Tallow Co. v. Pincheon green
ala · 1968
2 sentences

1982Alabama Hide and Tallow Company v. Pincheon , 282 Ala. 404 , 211 So.2d 896 (1968).

1982Alabama Hide and Tallow Company v. Pincheon , 282 Ala. 404 , 211 So.2d 896 (1968).

11982–1982

Statutes the citing opinions construe

AL § Ala. Code § 13A-6-2 (4)

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

AL 22 (1982–1996) WA 14 (2004–2021) WI 9 (2019–2026) IL 4 (1983–2001) NC 3 (1982–1989) MN 3 (1987–2014) FL 3 (2001–2013) CT 2 (1998–1999) ND 2 (1997–1997) DC 2 (2019–2019) UT 2 (2024–2026) TX 2 (2009–2009) VA 2 (1987–2004)

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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