consider error in Alabama

19 Alabama opinions name it 3 courts 1978–2023 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 (4)

Case	Followed	Cited
Elliott v. BUD'S TRUCK AND AUTO REPAIRgreen alacivapp · 1995 · cited in 5 Alabama opinions naming this issue, 2007–2009 2 sentences 2009Alabama law is well settled that appellate courts do not presume error. “ ‘In order for this court to consider an error asserted on appeal, that error 717 must be affirmatively demonstrated by the record.’ ” Beatty v. Beatty, 991 So.2d 761, 765 (Ala.Civ.App.2008) (quoting Elliott v. Bud’s Truck & Auto Repair, 656 So.2d 837, 838 (Ala.Civ.App.1995)). 2009*See Beatty v. Beatty, 991 So.2d 761, 765 (Ala.Civ.App.2008) (“ ‘In order for this court to consider an error asserted on appeal, that error must be affirmatively demonstrated by the record.’ ” (quoting Elliott v. Bud’s Truck & Auto Repair, 656 So.2d 837, 838 (Ala.Civ.App.1995))).	5	5
Beatty v. Beattygreen alacivapp · 2008 · cited in 3 Alabama opinions naming this issue, 2009–2009 2 sentences 2009Alabama law is well settled that appellate courts do not presume error. “ ‘In order for this court to consider an error asserted on appeal, that error 717 must be affirmatively demonstrated by the record.’ ” Beatty v. Beatty, 991 So.2d 761, 765 (Ala.Civ.App.2008) (quoting Elliott v. Bud’s Truck & Auto Repair, 656 So.2d 837, 838 (Ala.Civ.App.1995)). 2009*See Beatty v. Beatty, 991 So.2d 761, 765 (Ala.Civ.App.2008) (“ ‘In order for this court to consider an error asserted on appeal, that error must be affirmatively demonstrated by the record.’ ” (quoting Elliott v. Bud’s Truck & Auto Repair, 656 So.2d 837, 838 (Ala.Civ.App.1995))).	3	3
JMV v. Stategreen alacrimapp · 1994 · cited in 3 Alabama opinions naming this issue, 1996–1998 2 sentences 1998We quote extensively from the Alabama Supreme Court’s opinion: “A.D.R. filed a Rule 32 ‘petition for relief from judgment.’ The Court of Criminal Appeals held in its unpublished memorandum that Rule 32 relief is available only after a conviction and that Rule 32 affords no mechanism for a court to consider a claim of ineffective assistance of counsel at a transfer hearing, citing J.M.V. v. State, 651 So.2d 1087, 1089 (Ala.Crim.App.1994). 1996A.D.R. filed a Rule 32 “petition for relief from judgment.” The Court of Criminal Appeals held in its unpublished memorandum that Rule 32 relief is available only after a conviction and that Rule 32 affords no mechanism for a court to consider a claim of ineffective assistance of counsel at a transfer hearing, citing J.M.V. v. State, 651 So.2d 1087, 1089 (Ala.Crim.App.1994).	3	3
Gotlieb v. Collatgreen ala · 1990 · cited in 2 Alabama opinions naming this issue, 2007–2008 2 sentences 2008Liberty Loan Corp. of Gadsden v. Williams , 406 So.2d 988 (Ala.Civ.App. 1981). [The appellant] must `bear the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal.' Gotlieb v. Collat , 567 So.2d 1302 , 1304 (Ala. 1990)." Elliott v. Bud's Truck Auto Repair , 656 So.2d 837 , 838 (Ala.Civ.App. 1995). 2008Liberty Loan Corp. of Gadsden v. Williams, 406 So.2d 988 (Ala.Civ.App. 1981). [The appellant] must `bear the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal.' Gotlieb v. Collat, 567 So.2d 1302, 1304 (Ala.1990)." Elliott v. Bud's Truck & Auto Repair, 656 So.2d 837, 838 (Ala.Civ.App.1995).	2	2

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 (14)

Case	Cited	Years
Liberty Loan Corp. of Gadsden v. Williams green alacivapp · 1981 2 sentences 2008Liberty Loan Corp. of Gadsden v. Williams , 406 So.2d 988 (Ala.Civ.App. 1981). [The appellant] must `bear the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal.' Gotlieb v. Collat , 567 So.2d 1302 , 1304 (Ala. 1990)." Elliott v. Bud's Truck Auto Repair , 656 So.2d 837 , 838 (Ala.Civ.App. 1995). 2008Liberty Loan Corp. of Gadsden v. Williams, 406 So.2d 988 (Ala.Civ.App. 1981). [The appellant] must `bear the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal.' Gotlieb v. Collat, 567 So.2d 1302, 1304 (Ala.1990)." Elliott v. Bud's Truck & Auto Repair, 656 So.2d 837, 838 (Ala.Civ.App.1995).	3	1995–2008
Barnes v. Barnes green alacivapp · 2009 2 sentences 2011Next, the father asks this court to order the trial court, on the authority of Barnes v. Barnes, 28 So.3d 800 (Ala.Civ. 2011Next, the father asks this court to order the trial court, on the authority of Barnes v. Barnes, 28 So.3d 800 (Ala.Civ.	2	2011–2011
Ex Parte Cranman green ala · 2000 2 sentences 2007In response to Sheriff Tirey’s petition, T.M. invites this Court to consider her claim under the principles of State-agent immunity expressed in Ex parte Cranman, 792 So.2d 392 (Ala.2000), and adopted in Ex parte Butts, 775 So.2d 173 (Ala.2000). 2007In response to Sheriff Tirey's petition, T.M. invites this Court to consider her claim under the principles of State-agent immunity expressed in Ex parte Cranman , 792 So.2d 392 (Ala. 2000), and adopted in Ex parte Butts , 775 So.2d 173 (Ala. 2000).	2	2007–2007
Ex Parte Sumter County green ala · 2006 2 sentences 2007However, the “State immunity afforded sheriffs ... is not affected by this Court’s decision[s] on State-agent immunity.” Sumter County, 953 So.2d at 1239-40 . 2007However, the "State immunity afforded sheriff's . . . is not affected by this Court's decision[s] on State-agent immunity." Sumter County , 953 So.2d at 1239 -40 .	2	2007–2007
Ex Parte Butts green ala · 2000 2 sentences 2007In response to Sheriff Tirey’s petition, T.M. invites this Court to consider her claim under the principles of State-agent immunity expressed in Ex parte Cranman, 792 So.2d 392 (Ala.2000), and adopted in Ex parte Butts, 775 So.2d 173 (Ala.2000). 2007In response to Sheriff Tirey's petition, T.M. invites this Court to consider her claim under the principles of State-agent immunity expressed in Ex parte Cranman , 792 So.2d 392 (Ala. 2000), and adopted in Ex parte Butts , 775 So.2d 173 (Ala. 2000).	2	2007–2007
Brownfield v. State green alacrimapp · 2017 1 sentence 2023Brownfield, 266 So. 3d at 795 n.8. 55	1	2023–2023
GARRISON EX REL. GARRISON v. Travelers Ins. Co. neutral njsuperctappdiv · 1992 2 sentences 2001Co., 261 N.J.Super. 209 , 618 A.2d 387 (1992)(where the court ruled that a court is to consider factors in the aggregate when determining whether a child of divorced parents is a resident of the noncustodial parent's household, including the age of the child, the regularity of visitation, the quality of the parent-child relationship, and the parent's child-support status); Davenport v. Aetna Cas. & Sur. 2001Co., 261 N.J.Super. 209 , 618 A.2d 387 (1992)(where the court ruled that a court is to consider factors in the aggregate when determining whether a child of divorced parents is a resident of the noncustodial parent's household, including the age of the child, the regularity of visitation, the quality of the parent-child relationship, and the parent's child-support status); Davenport v. Aetna Cas. & Sur.	1	2001–2001
Davenport v. Aetna Casualty & Surety Co. green gactapp · 1978 2 sentences 2001Co. of Illinois, 144 Ga.App. 474 , 241 S.E.2d 593 (1978)(where the court stated that the aggregate details of the living arrangements are controlling); and Mobley v. State Farm Mut. 2001Co. of Illinois, 144 Ga.App. 474 , 241 S.E.2d 593 (1978)(where the court stated that the aggregate details of the living arrangements are controlling); and Mobley v. State Farm Mut.	1	2001–2001
Ex Parte ADR green ala · 1996 2 sentences 2000In Ex parte A.D.R., 690 So.2d 1208 (Ala.1996), the Alabama Supreme Court reversed this court's holding that Rule 32 afforded no mechanism for a court to consider a claim of ineffective assistance of counsel arising from a juvenile transfer hearing, because such a hearing was not a "conviction." Using the same rationale it later reiterated in Ho, this court determined that the language of Rule 32.1 limited the application of Rule 32 to "any defendant who has been convicted of a criminal offense." The Supreme Court wrote: "Neither the Alabama Rules of Criminal Procedure nor the Alabama Rules of 2000In Ex parte A.D.R. , 690 So.2d 1208 (Ala. 1996), the Alabama Supreme Court reversed this court's holding that Rule 32 afforded no mechanism for a court to consider a claim of ineffective assistance of counsel arising from a juvenile transfer hearing, because such a hearing was not a "conviction." Using the same rationale it later reiterated in Ho , this court determined that the language of Rule 32.1 limited the application of Rule 32 to "any defendant who has been convicted of a criminal offense." The Supreme Court wrote: "Neither the Alabama Rules of Criminal Procedure nor the Alabama Rules	1	2000–2000
Kabaci v. Kabaci green alacivapp · 1979 1 sentence 1981The court is to consider factors of age, health, station in life, etc. Kabaci v. Kabaci, supra. Clearly, alimony payments which will cease after two years are not an abuse of discretion considering the wife’s inability to work.	1	1981–1981
Delview Meadow, Etc. v. Ala. Dairy Com'n green ala · 1979 1 sentence 1979Delview Meadow Gold Division Beatrice Foods Co. et al. v. Alabama Dairy Commission, 383 So.2d 511 (Ala.1978).	1	1979–1979
Farmer v. Coleman green ala · 1936 2 sentences 1978The equity court has full jurisdiction respecting the duty of the father to support his minor children (Bridges v. Bridges , 227 Ala. 144 , 148 So. 816 ) and it devolved upon him to maintain and educate them in a manner commensurate with his means (Farmer v. Coleman , 231 Ala. 527 , 165 So. 778 ; Chandler v. Whatley , 238 Ala. 206 , 189 So. 751 )." Nor did the court consider the doctrine of changed circumstances to be applicable, stating: "It is no objection to the bill, then, that it is an independent suit in the same court where the divorce was granted. 1978The equity court has full jurisdiction respecting the duty of the father to support his minor children (Bridges v. Bridges , 227 Ala. 144 , 148 So. 816 ) and it devolved upon him to maintain and educate them in a manner commensurate with his means (Farmer v. Coleman , 231 Ala. 527 , 165 So. 778 ; Chandler v. Whatley , 238 Ala. 206 , 189 So. 751 )." Nor did the court consider the doctrine of changed circumstances to be applicable, stating: "It is no objection to the bill, then, that it is an independent suit in the same court where the divorce was granted.	1	1978–1978
Chandler v. Whatley green ala · 1939 2 sentences 1978The equity court has full jurisdiction respecting the duty of the father to support his minor children (Bridges v. Bridges , 227 Ala. 144 , 148 So. 816 ) and it devolved upon him to maintain and educate them in a manner commensurate with his means (Farmer v. Coleman , 231 Ala. 527 , 165 So. 778 ; Chandler v. Whatley , 238 Ala. 206 , 189 So. 751 )." Nor did the court consider the doctrine of changed circumstances to be applicable, stating: "It is no objection to the bill, then, that it is an independent suit in the same court where the divorce was granted. 1978The equity court has full jurisdiction respecting the duty of the father to support his minor children (Bridges v. Bridges , 227 Ala. 144 , 148 So. 816 ) and it devolved upon him to maintain and educate them in a manner commensurate with his means (Farmer v. Coleman , 231 Ala. 527 , 165 So. 778 ; Chandler v. Whatley , 238 Ala. 206 , 189 So. 751 )." Nor did the court consider the doctrine of changed circumstances to be applicable, stating: "It is no objection to the bill, then, that it is an independent suit in the same court where the divorce was granted.	1	1978–1978
Bridges v. Bridges green ala · 1933 2 sentences 1978The equity court has full jurisdiction respecting the duty of the father to support his minor children (Bridges v. Bridges , 227 Ala. 144 , 148 So. 816 ) and it devolved upon him to maintain and educate them in a manner commensurate with his means (Farmer v. Coleman , 231 Ala. 527 , 165 So. 778 ; Chandler v. Whatley , 238 Ala. 206 , 189 So. 751 )." Nor did the court consider the doctrine of changed circumstances to be applicable, stating: "It is no objection to the bill, then, that it is an independent suit in the same court where the divorce was granted. 1978The equity court has full jurisdiction respecting the duty of the father to support his minor children (Bridges v. Bridges , 227 Ala. 144 , 148 So. 816 ) and it devolved upon him to maintain and educate them in a manner commensurate with his means (Farmer v. Coleman , 231 Ala. 527 , 165 So. 778 ; Chandler v. Whatley , 238 Ala. 206 , 189 So. 751 )." Nor did the court consider the doctrine of changed circumstances to be applicable, stating: "It is no objection to the bill, then, that it is an independent suit in the same court where the divorce was granted.	1	1978–1978

Where else courts name it

CT 99 (1970–2025) PA 61 (1995–2026) OH 40 (1960–2026) IL 34 (1976–2026) AR 28 (1997–2023) TX 25 (1949–2024) CA 24 (1993–2025) AL 19 (1978–2023) MS 18 (1994–2026) OR 17 (1919–2026) MO 15 (1906–2022) MN 13 (1985–2024) NY 11 (1958–2026) ID 10 (2004–2025) MI 9 (1988–2024) FL 9 (1986–2014) NM 8 (2000–2025) WI 7 (1987–2025) TN 7 (1984–2015) GA 7 (1976–2025) LA 6 (1984–2009) MT 6 (1991–1999) WV 6 (1989–2021) IA 6 (1992–2025) IN 5 (1988–2019) WA 5 (2014–2019) NJ 5 (1988–2026) AZ 5 (1975–2021) ME 5 (1996–2017) DC 4 (1978–2015) DE 4 (1946–2017) KS 4 (1890–2026) MD 4 (1983–2016) NH 3 (2004–2019) VA 3 (2003–2026) UT 3 (2016–2025) NC 3 (2012–2019) CO 3 (1983–2002) VT 3 (2008–2021) RI 2 (2004–2004) NV 2 (1971–1977) AK 2 (1975–2007) OK 2 (1927–1932) ND 2 (1998–2024)

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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