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21 Alabama opinions name it 4 courts 1949–2006 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 |
|---|---|---|
United States v. Bernardo Betancourt, Bernardo Sando, Norman Gerwitz, Gene Chekanow, Defendantsgreen2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 5 | 9 |
Ex Parte Wilsongreen2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 5 | 9 |
cluster 506660green2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 4 | 9 |
Hart v. Stategreen2 sentences2006The cited instruction in the instant case created a permissive inference. ‘The specific language cited by the appellant could not reasonably have been understood as creating a presumption which relieved the State of its burden of proof on the element of intent.’ 565 So.2d at 1170 .” Hart v. State, 612 So.2d 520, 529 (Ala.Crim.App.1992). 2006The cited instruction in the instant case created a permissive inference. `The specific language cited by the appellant could not reasonably have been understood as creating a presumption which relieved the State of its burden of proof on the element of intent.' 565 So.2d at 1170 ." Hart v. State, 612 So.2d 520, 529 (Ala. Crim.App.1992). | 3 | 3 |
DeRamus v. Stategreen2 sentences2006The cited instruction in the instant case created a permissive inference. ‘The specific language cited by the appellant could not reasonably have been understood as creating a presumption which relieved the State of its burden of proof on the element of intent.’ 565 So.2d at 1170 .” Hart v. State, 612 So.2d 520, 529 (Ala.Crim.App.1992). 2006The cited instruction in the instant case created a permissive inference. `The specific language cited by the appellant could not reasonably have been understood as creating a presumption which relieved the State of its burden of proof on the element of intent.' 565 So.2d at 1170 ." Hart v. State, 612 So.2d 520, 529 (Ala. Crim.App.1992). | 2 | 4 |
Payne v. Stategreen2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 2 | 3 |
McNabb v. Stategreen2 sentences2006See also McNabb v. State, 887 So.2d 929, 978-79 (Ala.Crim.App.2001). 2006See also McNabb v. State, 887 So.2d 929, 978-79 (Ala.Crim. | 1 | 1 |
Bankers Life & Cas. Co. v. Longgreen2 sentences1991The Court cited the rule that "an intentional misrepresentation by the applicant of material facts relied on by the insurer permits the insurer to avoid the policy," but also cited the *813 exception that "the policy is not avoided if the insurer knows the true facts, or the falsity of the statements, or has sufficient indications that would put a prudent person on notice so as to induce an inquiry which, if done with reasonable thoroughness, would reveal the truth." 345 So.2d at 1323 (citations omitted). 1991The Court cited the rule that "an intentional misrepresentation by the applicant of material facts relied on by the insurer permits the insurer to avoid the policy," but also cited the *Page 813 exception that "the policy is not avoided if the insurer knows the true facts, or the falsity of the statements, or has sufficient indications that would put a prudent person on notice so as to induce an inquiry which, if done with reasonable thoroughness, would reveal the truth." 345 So.2d at 1323 (citations omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wilson v. Wilson
green
2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 9 | 1994–2004 |
Greer v. United States
green
2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 9 | 1994–2004 |
Vice v. Smith
green
2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 9 | 1994–2004 |
Nimmons v. Alabama
green
2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur | 9 | 1994–2004 |
Ex Parte Musgrove
green
2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 4 | 1996–2004 |
Ex Parte Payne
green
2 sentences2004Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant's rights under Article I, § 6, Ala. Const.1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the *29 Fourteenth Amendment to the United States Constitution. "`In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: "`"`[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natur 2002Musgrove, supra. To improperly comment on that privilege would be a clear violation of the defendant’s rights under Article I, § 6, Ala. Const. 1901, as well as the rights protected by the Fifth Amendment as that Amendment is incorporated into the Fourteenth Amendment to the United States Constitution. “ ‘In Ex parte Wilson, 571 So.2d 1251, 1261 (Ala.1990), this Court cited the standard endorsed by the United States Court of Appeals for the Eleventh Circuit: “ ‘ “ ‘[A] statement by a prosecutor is improper if it was manifestly intended to be, or was of such a character that the jury would natu | 3 | 1999–2004 |
Ex Parte Burgess
green
1 sentence2003In addition, in Ex parte Burgess, 827 So.2d 193 (Ala.2000), the Alabama Supreme Court stated: "An instruction that `intent to commit murder may be presumed from the defendant's act of using a deadly weapon,' would unconstitutionally shift to the defendant the burden of proving lack of specific intent. | 1 | 2003–2003 |
Windsor v. State
green
1 sentence1996We hold that the trial court properly overruled the objection to the prosecutor's statement." 683 So.2d at 1023-24 . | 1 | 1996–1996 |
Dill v. State
green
1 sentence1996A similar argument was made by the prosecution in closing argument in Dill v. State , 600 So.2d 343 , 355 (Ala.Cr.App. 1991), aff'd, 600 So.2d 372 (Ala. 1992), cert. denied, 507 U.S. 924 , 113 S.Ct. 1293 , 122 L.Ed.2d 684 (1993). | 1 | 1996–1996 |
Ex Parte Dill
green
1 sentence1996A similar argument was made by the prosecution in closing argument in Dill v. State , 600 So.2d 343 , 355 (Ala.Cr.App. 1991), aff'd, 600 So.2d 372 (Ala. 1992), cert. denied, 507 U.S. 924 , 113 S.Ct. 1293 , 122 L.Ed.2d 684 (1993). | 1 | 1996–1996 |
Hill v. North Carolina
green
1 sentence1996A similar argument was made by the prosecution in closing argument in Dill v. State , 600 So.2d 343 , 355 (Ala.Cr.App. 1991), aff'd, 600 So.2d 372 (Ala. 1992), cert. denied, 507 U.S. 924 , 113 S.Ct. 1293 , 122 L.Ed.2d 684 (1993). | 1 | 1996–1996 |
Tran Van Khiem v. United States
green
1 sentence1996A similar argument was made by the prosecution in closing argument in Dill v. State , 600 So.2d 343 , 355 (Ala.Cr.App. 1991), aff'd, 600 So.2d 372 (Ala. 1992), cert. denied, 507 U.S. 924 , 113 S.Ct. 1293 , 122 L.Ed.2d 684 (1993). | 1 | 1996–1996 |
Kesner v. United States
green
1 sentence1996A similar argument was made by the prosecution in closing argument in Dill v. State , 600 So.2d 343 , 355 (Ala.Cr.App. 1991), aff'd, 600 So.2d 372 (Ala. 1992), cert. denied, 507 U.S. 924 , 113 S.Ct. 1293 , 122 L.Ed.2d 684 (1993). | 1 | 1996–1996 |
King v. Calvert Marsh Coal Co., Inc.
green
1 sentence1985“As a general rule, when a party to a contract has been adjudicated as being in default, provisions in a contract providing for the payment of reasonable attorney’s fees will be upheld.” King v. Calvert & Marsh Coal Co., 362 So.2d 889 (Ala.1978). | 1 | 1985–1985 |
Miller v. Vizzard Investment Co.
green
2 sentences1983In Miller v. Vizzard Investment Co., 195 Ala. 467 , 70 So. 639 (1916), this court followed the above cited rule. 1983In Miller v. Vizzard Investment Co., 195 Ala. 467 , 70 So. 639 (1916), this court followed the above cited rule. | 1 | 1983–1983 |
Daniel v. Matthews
neutral
2 sentences1981The Alabama Court of Civil Appeals was correct in holding that: The purpose of the cited rule of the road [Code 1975, § 32-5-55] is to insure that right of way is made available for other traffic lawfully using the highway, either oncoming or overtaking. [Emphasis added.] 46 Ala.App. at 570 , 246 So.2d 457 . 1981The Alabama Court of Civil Appeals was correct in holding that: The purpose of the cited rule of the road [Code 1975, § 32-5-55] is to insure that right of way is made available for other traffic lawfully using the highway, either oncoming or overtaking. [Emphasis added.] 46 Ala.App. at 570 , 246 So.2d 457 . | 1 | 1981–1981 |
City Delivery Co. v. Henry
green
1 sentence1970This cited case was decided by the Supreme Court of Alabama in March of 196L In support of its opinion, the Court cited the doctrine set forth in Trognitz v. Fry, 215 Ala. 609 , 112 So. 156 ; City Delivery Co. v. Henry, 139 Ala. 161 , 34 So. 389 . | 1 | 1970–1970 |
Trognitz v. Fry
green
2 sentences1970This cited case was decided by the Supreme Court of Alabama in March of 196L In support of its opinion, the Court cited the doctrine set forth in Trognitz v. Fry, 215 Ala. 609 , 112 So. 156 ; City Delivery Co. v. Henry, 139 Ala. 161 , 34 So. 389 . 1970This cited case was decided by the Supreme Court of Alabama in March of 196L In support of its opinion, the Court cited the doctrine set forth in Trognitz v. Fry, 215 Ala. 609 , 112 So. 156 ; City Delivery Co. v. Henry, 139 Ala. 161 , 34 So. 389 . | 1 | 1970–1970 |
Edmondson v. Edmondson
green
2 sentences1968Our Supreme Court stated in Edmondson v. Edmondson, 281 Ala. 191 , 200 So.2d 652 , that the rule was for the “expeditious handling of its business” and further noted: “We have been most reluctant to invoke the rules of the court and have construed them as liberally as possible to avoid dismissing appeals based upon noncompliance, particularly where there is substantial compliance. 1968Our Supreme Court stated in Edmondson v. Edmondson, 281 Ala. 191 , 200 So.2d 652 , that the rule was for the “expeditious handling of its business” and further noted: “We have been most reluctant to invoke the rules of the court and have construed them as liberally as possible to avoid dismissing appeals based upon noncompliance, particularly where there is substantial compliance. | 1 | 1968–1968 |
Bluefield Water Works & Improvement Co. v. Public Service Commission
green
1 sentence1949In the case of Bluefield Waterworks and Improvement Company v. Public Service Commission, supra, the Supreme Court of the United States said [ 262 U.S. 679 , 43 S.Ct. 679 ]: “ * ** * A public utility is entitled to such rates as will permit it to earn a return on the value of the property which it employs for the convenience of the public equal to that generally being made at the same time and in the same general part of the country on investments in other business undertakings which are attended by corresponding risks and uncertainties; * * *» The above cited rule was followed by the Supreme | 1 | 1949–1949 |
Los Angeles Gas & Electric Corp. v. Railroad Commission
green
2 sentences1949In the case of Bluefield Waterworks and Improvement Company v. Public Service Commission, supra, the Supreme Court of the United States said [ 262 U.S. 679 , 43 S.Ct. 679 ]: “ * ** * A public utility is entitled to such rates as will permit it to earn a return on the value of the property which it employs for the convenience of the public equal to that generally being made at the same time and in the same general part of the country on investments in other business undertakings which are attended by corresponding risks and uncertainties; * * *» The above cited rule was followed by the Supreme 1949In the case of Bluefield Waterworks and Improvement Company v. Public Service Commission, supra, the Supreme Court of the United States said [ 262 U.S. 679 , 43 S.Ct. 679 ]: “ * ** * A public utility is entitled to such rates as will permit it to earn a return on the value of the property which it employs for the convenience of the public equal to that generally being made at the same time and in the same general part of the country on investments in other business undertakings which are attended by corresponding risks and uncertainties; * * *» The above cited rule was followed by the Supreme | 1 | 1949–1949 |
Federal Power Commission v. Hope Natural Gas Co.
green
2 sentences1949The rule expressed above was reaffirmed by the Supreme Court in the case of Federal Power Commission v. Hope Natural Gas Company, 1944, 320 U.S. 591, 603 , 64 S.Ct. 281, 288 , 88 L.Ed. 333, 345 , wherein the Court stated: “* * * By that standard the return to the equity owner should be commensurate with returns on investments in other enterprises having corresponding risks. if if *» III. 1949The rule expressed above was reaffirmed by the Supreme Court in the case of Federal Power Commission v. Hope Natural Gas Company, 1944, 320 U.S. 591, 603 , 64 S.Ct. 281, 288 , 88 L.Ed. 333, 345 , wherein the Court stated: “* * * By that standard the return to the equity owner should be commensurate with returns on investments in other enterprises having corresponding risks. if if *» III. | 1 | 1949–1949 |
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.
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.