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19 Alabama opinions name it 2 courts 1986–2013 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 |
|---|---|---|
Chapman v. Californiared2 sentences2013While appellate courts do not ordinarily have the original task of applying such a test, it is a familiar standard to all courts, and we believe its adoption will provide a more workable standard ¡... ’ “386 U. S. at 23-24, 87 S.Ct. 824 . “ ‘In order for the error to be deemed harmless under Rule 45, [Ala. R.App. 2013While appellate courts do not ordinarily have the original task of applying such a test, it is a familiar standard to all courts, and we believe its adoption will provide a more workable standard ¡... ’ “386 U. S. at 23-24, 87 S.Ct. 824 . “ ‘In order for the error to be deemed harmless under Rule 45, [Ala. R.App. | 6 | 14 |
Young v. Stategreen2 sentences2013PJ, the state must establish that the error did not injuriously affect the appellant’s substantial rights.’ Coral v. State, 628 So.2d [954] at 973 [ (Ala.Crim.App.1992) ].” Young v. State, 730 So.2d 1251, 1255 (Ala. Crim.App.1998). 2012P.], the state must establish that the error did not injuriously affect the appellant’s substantial rights.’ Coral v. State, 628 So.2d [954] at 973 [(Ala.Crim.App.1992)].” Young v. State, 730 So.2d 1251, 1255 (Ala.Crim.App.1998). | 3 | 3 |
Coral v. Stategreen2 sentences1999"In order for the error to be deemed harmless under Rule 45, [Ala.R.App.P.], the state must establish that the error did not injuriously affect the appellant's substantial rights." Coral v. State , 628 So.2d at 973 . 1999"In order for the error to be deemed harmless under Rule 45, [Ala. R.App.P.], the state must establish that the error did not injuriously affect the appellant's substantial rights." Coral v. State, 628 So.2d at 973. | 2 | 2 |
United States v. Leonicio Fernando Cruz, Orlando Vincent Hernandezgreen2 sentences2001United States v. Cruz, 765 F.2d 1020, 1025 (11th Cir.1985). 1998United States v. Cruz , 765 F.2d 1020 , 1025 (11th Cir. 1985). | 1 | 2 |
Ward v. Stategreen1 sentence2012P.], the state must establish that the error did not injuriously affect the appellant’s substantial rights.” Coral v. State, 628 So.2d [954] at 973 [ (Ala.Crim.App.1992) ].’ “Young v. State, 730 So.2d 1251, 1255 (Ala.Crim.App.1998).” Ward v. State, 105 So.3d 449, 459 (Ala.Crim.App.2012). | 1 | 1 |
United States v. Hastinggreen2 sentences2009In Ex parte Greathouse, 624 So.2d 208 (Ala.1993), the Alabama Supreme Court explained: "In so holding [in United States v. Hasting, 461 U.S. 499, 509 (1983)], the Court observed that, `[s]ince Chapman , the Court has consistently made clear that it is the duty of a reviewing court to consider the trial record as a whole and to ignore errors that are harmless, including most constitutional violations,' id. (citations omitted), and stated that the proper question for a reviewing court to ask is: `[A]bsent the prosecutor's allusion to the failure of the defense to proffer evidence to rebut the te 2009In Ex parte Greathouse, 624 So.2d 208 (Ala.1993), the Alabama Supreme Court explained: "In so holding [in United States v. Hasting, 461 U.S. 499, 509 (1983)], the Court observed that, `[s]ince Chapman , the Court has consistently made clear that it is the duty of a reviewing court to consider the trial record as a whole and to ignore errors that are harmless, including most constitutional violations,' id. (citations omitted), and stated that the proper question for a reviewing court to ask is: `[A]bsent the prosecutor's allusion to the failure of the defense to proffer evidence to rebut the te | 1 | 1 |
Ex Parte Jonesgreen1 sentence2001See, e.g., Jones , supra (notice of appeal was deemed to have been timely filed based on the date on the certificate of service and the postmark on the envelope containing the notice, which was sent by certified mail to the circuit clerk); Williams , supra (petition for a writ of certiorari was deemed to have been timely filed where the petitioner stated that he had given his petition to prison officials to be mailed within the time prescribed by law for filing and he filed two statements from "other persons" to the same effect); and Holland , supra (Rule 32 petition was deemed to have been fi | 1 | 1 |
Smith v. Stategreen2 sentences1993(Footnotes omitted; emphasis added.) "In order for the harmless error doctrine to be applied in this situation, the evidence against the accused must be overwhelming." Smith v. State , 623 So.2d 369 , 372 (Ala.Cr.App. 1992). *Page 733 This is not a case where the appellant's confession was the most incriminating evidence presented against him at trial. 1993(Footnotes omitted; emphasis added.) "In order for the harmless error doctrine to be applied in this situation, the evidence against the accused must be overwhelming." Smith v. State, 623 So.2d 369, 372 (Ala.Cr. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
BMW of North America, Inc. v. Gore
green
2 sentences1997Specifically, I would reinvigorate the following protective Green Oil factors: " Ratio of Punitive Damages to Compensatory Damages — Although the Supreme Court rejected any fixed ratio, it recognized that punitive damages 'must bear a "reasonable relationship" to compensatory damages.' 517 U.S. at ___ _ ___, 116 S.Ct. at 1601 -02 . 1997Specifically, I would reinvigorate the following protective Green Oil factors: " Ratio of Punitive Damages to Compensatory Damages — Although the Supreme Court rejected any fixed ratio, it recognized that punitive damages 'must bear a "reasonable relationship" to compensatory damages.' 517 U.S. at ___ _ ___, 116 S.Ct. at 1601 -02 . | 2 | 1997–1997 |
Ex Parte Baker
green
1 sentence2009While appellate courts do not ordinarily have the original task of applying such a test, it is a familiar standard to all courts, and we believe its adoption will provide a more workable standard, although achieving the same result as that aimed at in our Fahy case.’ “Chapman v. California, 386 U.S. 18, 24 (1967) (footnote omitted).” 906 So.2d at 287-88 . | 1 | 2009–2009 |
Ex Parte Greathouse
green
2 sentences2009In Ex parte Greathouse, 624 So.2d 208 (Ala.1993), the Alabama Supreme Court explained: "In so holding [in United States v. Hasting, 461 U.S. 499, 509 (1983)], the Court observed that, `[s]ince Chapman , the Court has consistently made clear that it is the duty of a reviewing court to consider the trial record as a whole and to ignore errors that are harmless, including most constitutional violations,' id. (citations omitted), and stated that the proper question for a reviewing court to ask is: `[A]bsent the prosecutor's allusion to the failure of the defense to proffer evidence to rebut the te 2009In Ex parte Greathouse, 624 So.2d 208 (Ala.1993), the Alabama Supreme Court explained: "In so holding [in United States v. Hasting, 461 U.S. 499, 509 (1983)], the Court observed that, `[s]ince Chapman , the Court has consistently made clear that it is the duty of a reviewing court to consider the trial record as a whole and to ignore errors that are harmless, including most constitutional violations,' id. (citations omitted), and stated that the proper question for a reviewing court to ask is: `[A]bsent the prosecutor's allusion to the failure of the defense to proffer evidence to rebut the te | 1 | 2009–2009 |
Holland v. State
green
1 sentence2001See, e.g., Jones , supra (notice of appeal was deemed to have been timely filed based on the date on the certificate of service and the postmark on the envelope containing the notice, which was sent by certified mail to the circuit clerk); Williams , supra (petition for a writ of certiorari was deemed to have been timely filed where the petitioner stated that he had given his petition to prison officials to be mailed within the time prescribed by law for filing and he filed two statements from "other persons" to the same effect); and Holland , supra (Rule 32 petition was deemed to have been fi | 1 | 2001–2001 |
Ex Parte Williams
green
1 sentence2001See, e.g., Jones , supra (notice of appeal was deemed to have been timely filed based on the date on the certificate of service and the postmark on the envelope containing the notice, which was sent by certified mail to the circuit clerk); Williams , supra (petition for a writ of certiorari was deemed to have been timely filed where the petitioner stated that he had given his petition to prison officials to be mailed within the time prescribed by law for filing and he filed two statements from "other persons" to the same effect); and Holland , supra (Rule 32 petition was deemed to have been fi | 1 | 2001–2001 |
New York v. Belton
red
2 sentences1990Accordingly, we hold that when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile." Belton , 453 U.S. at 460 , 101 S.Ct. at 2864 . 1990Accordingly, we hold that when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile." Belton , 453 U.S. at 460 , 101 S.Ct. at 2864 . | 1 | 1990–1990 |
National Sav. Life Ins. Co. v. Dutton
green
2 sentences1986In Dutton , supra, we attempted to set forth a workable test for the tort of bad faith refusal to pay. 1986"In Dutton , supra, we attempted to set forth a workable test for the tort of bad faith refusal to pay. | 1 | 1986–1986 |
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.