Lewis claim in Alabama

2009Evid.,] in that it violates the ultimate issue rule.’ (Lewis’s brief, p. 35.) Because this claim was not raised below, we review it for plain error. “ ‘The question of admissibility of evidence is generally left to the discretion of the trial court, and the trial court’s determination on that question will not be reversed except upon a clear showing of abuse of discretion.’ Ex parte Loggins, 771 So.2d 1093, 1103 (Ala.2000).

2007“The question of admissibility of evidence is generally left to the discretion of the trial court, and the trial court’s determination on that question will not be reversed except upon a clear showing of abuse of discretion.” Ex parte Loggins, 771 So.2d 1093, 1103 (Ala.2000).

2015See Lewis v. State, 24 So.3d 480, 536 (Ala.Crim.App.2006)(“We fail to see how [Bush v. Gore] lends support for Lewis’s claim, given that the Supreme Court took care to state that its decision was ‘limited to the present circumstances,’ noting that ‘the problem of equal protection in election processes generally present many complexities.’ 531 U.S. at 109”).

2013We fail to see how this decision lends support for Lewis’s claim, given that the Supreme Court took care to state that its decision was ‘limited to the present circumstances,’ noting that ‘the problem of equal protection in election processes generally present many complexities.’ 531 U.S. at 109 , 121 S.Ct. [at 532], Moreover, in Harris v. Alabama, 513 U.S. 504, 511-15 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), the United States Supreme Court rejected a claim that Alabama’s death penalty statute was unconstitutional because it did not specify what weight the trial court must afford a jury’s r

2015See Lewis v. State, 24 So.3d 480, 536 (Ala.Crim.App.2006)(“We fail to see how [Bush v. Gore] lends support for Lewis’s claim, given that the Supreme Court took care to state that its decision was ‘limited to the present circumstances,’ noting that ‘the problem of equal protection in election processes generally present many complexities.’ 531 U.S. at 109”).

2010Rejecting that claim, we noted: “We fail to see how this decision lends support for Lewis’s claim, given that the Supreme Court took care to state that its decision was ‘limited to the present circumstances,’ noting that ‘the problem of equal protection in election processes generally present many complexities.’ 531 U.S. at 109 , 121 S.Ct. 525 .” 24 So.3d at 536 .

2009(Issue VIII in Lewis’s brief.) Citing Padgett v. State, 668 So.2d 78 (Ala.Crim.App.), cert. denied, 668 So.2d 88 (Ala.1995), Lewis argues that he was entitled to an instruction on abuse of a corpse because, he says, ‘[t]he evidence is unclear whether Misty McGugin was dying or was already dead at the time of the sexual act.’ (Lewis’s brief at p. 59.) [[Image here]] “Initially we point out that, as the Alabama Supreme Court recognized when it denied certiorari review, what this Court stated in Padgett regarding instructing the jury on abuse of a corpse was entirely dicta.

2003(Issue VIII in Lewis's brief.) Citing Padgett v. State, 668 So.2d 78 (Ala.Crim.App.), cert. denied, 668 So.2d 88 (Ala.1995), Lewis argues that he was entitled to an instruction on abuse of a corpse because, he says, "[t]he evidence is unclear whether Misty McGugin was dying or was already dead at the time of the sexual act." (Lewis's brief at p. 59.) The record reflects that, during the charge conference, Lewis did not request an instruction on the offense of abuse of a corpse as a lesser-included offense of capital murder during a rape, nor did he object to the trial court's not instructing o

2015This Court again remanded the matter, stating: “[T]he newly imposed sentence is not in compliance with the law. ‘Matters concerning unauthorized sentences are jurisdictional,’ Hunt v. State, 659 So.2d 998, 999 (Ala.Crim.App.1994), and we may take notice of an illegal sentence at any time.

2012Kendrick failed to present any evidence to the circuit court in opposition to Lewis’s motion for a summary judgment, although Kendrick gave at least seven different explanations in his brief in opposition to the motion for a summary judgment and other filings as to why service had not been perfected upon Lewis before the statute of limitations had expired. 1 See Fountain Fin., Inc. v. Hines, 788 So.2d 155, 159 (Ala.2000) (“ ‘[m]otions and arguments of counsel are not evidence’ ” (quoting Williams v. Akzo Nobel Chems., Inc., 999 S.W.2d 836, 845 (Tex.App.1999))).

2012Kendrick failed to present any evidence to the circuit court in opposition to Lewis’s motion for a summary judgment, although Kendrick gave at least seven different explanations in his brief in opposition to the motion for a summary judgment and other filings as to why service had not been perfected upon Lewis before the statute of limitations had expired. 1 See Fountain Fin., Inc. v. Hines, 788 So.2d 155, 159 (Ala.2000) (“ ‘[m]otions and arguments of counsel are not evidence’ ” (quoting Williams v. Akzo Nobel Chems., Inc., 999 S.W.2d 836, 845 (Tex.App.1999))).

2012Kendrick failed to present any evidence to the circuit court in opposition to Lewis’s motion for a summary judgment, although Kendrick gave at least seven different explanations in his brief in opposition to the motion for a summary judgment and other filings as to why service had not been perfected upon Lewis before the statute of limitations had expired. 1 See Fountain Fin., Inc. v. Hines, 788 So.2d 155, 159 (Ala.2000) (“ ‘[m]otions and arguments of counsel are not evidence’ ” (quoting Williams v. Akzo Nobel Chems., Inc., 999 S.W.2d 836, 845 (Tex.App.1999))).

2012Kendrick failed to present any evidence to the circuit court in opposition to Lewis’s motion for a summary judgment, although Kendrick gave at least seven different explanations in his brief in opposition to the motion for a summary judgment and other filings as to why service had not been perfected upon Lewis before the statute of limitations had expired. 1 See Fountain Fin., Inc. v. Hines, 788 So.2d 155, 159 (Ala.2000) (“ ‘[m]otions and arguments of counsel are not evidence’ ” (quoting Williams v. Akzo Nobel Chems., Inc., 999 S.W.2d 836, 845 (Tex.App.1999))).

2009“In Johnson v. State, 555 So.2d 818, 819-20 (Ala.Cr.App.1989), this court noted the difference in ‘sufficiency’ and ‘weight’ as follows: “‘The weight of the evidence is clearly a different matter from the sufficiency of the evidence.

2007(Lewis’s brief, pp. 24-29.) “ ‘ “In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). ‘ “The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the lig

2007“Under the ‘plain error’ doctrine, as enunciated in rule 45A, [Ala.R.App.P.,] the Court of Criminal Appeals is required to search the record in a death penalty case and notice any error (ruling or omission) of the trial court, and to take appropriate action, ‘whenever such error has or probably has adversely affected the substantial right of the [defendant],’ in the same manner as if defendant’s counsel had preserved and raised such error for appellate review.” Ex parte Johnson, 507 So.2d 1351, 1356 (Ala.1986).

2007(Lewis’s brief, pp. 24-29.) “ ‘ “In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). ‘ “The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the lig

2007See Mayo, supra. In any event, we fail to see how exclusion of this report prejudiced Lewis’s defense given that Lewis was still able to get Dr. Herrmann to testify that the victim’s intoxication might have exacerbated the effect of the blows to his head *511 by Free and Lewis, allowing Lewis to argue this defense theory.

2007In Mayo v. City of Rainbow City, 642 So.2d 524 (Ala.Crim.App.1994), the defendant, Mayo, was convicted of cruelty to animals and criminal possession of a noxious substance.

2007As the United States Supreme Court held in Payne v. Tennessee, 501 U.S. 808, 821 , 111 S.Ct. *503 2597, 115 L.Ed.2d 720 (1991), victim-impact statements typically “describe the effect of the crime on the victim and his family.” Accord Turner v. State, 924 So.2d 737, 770 (Ala.Crim.App.2002).

2007In Alabama, “the standard of proof in criminal cases is beyond a reasonable doubt.” Jackson v. State, 640 So.2d 1025, 1032 (Ala.Crim.App.1992).

2007(Lewis’s brief, pp. 24-29.) “ ‘ “In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). ‘ “The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the lig

2007(Lewis’s brief, pp. 24-29.) “ ‘ “In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). ‘ “The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the lig

2007(Lewis’s brief, pp. 24-29.) “ ‘ “In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). ‘ “The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the lig

2007(Lewis’s brief, pp. 24-29.) “ ‘ “In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). ‘ “The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the lig

2007Our role ... is to judge whether the evidence is legally sufficient to allow submission of an issue for decision [by] the jury.’ Ex parte Bankston, 358 So.2d 1040, 1042 (Ala.1978). “ ‘The trial court’s denial of a motion for judgment of acquittal must be reviewed by determining whether there was legal evidence before the jury at the time the motion was made from which the jury by fair inference could find the defendant guilty.