17 Alabama opinions name it 2 courts 1977–2024 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.
| Case | Followed | Cited |
|---|---|---|
Alvis v. Stategreen2 sentences2010Atteberry v. State, 448 So.2d 425, 427 (Ala.Crim.App.1983). “[T]he reading of the indictment [is] sufficient to establish a factual basis for a guilty plea in certain cases, [and] in those cases it is not required that the indictment be read into the record during the guilty plea hearing.” Alvis v. State, 740 So.2d 459, 461 (Ala.Crim.App.1998). 2008Likewise, ‘the reading of the indictment [is] sufficient to establish a factual basis for a guilty plea in certain cases, [and] in those cases it is not required that the indictment be read into the record during the guilty plea hearing.’ Alvis v. State, 740 So.2d 459, 461 (Ala.Crim.App.1998).” Scott v. State, 917 So.2d 159, 165 (Ala.Crim.App.2005); see also, Sellers v. State, 935 So.2d 1207, 1214-15 (Ala.Crim.App.2005). | 3 | 3 |
Santobello v. New Yorkgreen2 sentences1999See, Santabello , 404 U.S. at 261 ." 669 So.2d at 207 . 1995See, Santobello, 404 U.S. at 261 , 92 S.Ct. at 498 . | 3 | 3 |
McMann v. Richardsongreen2 sentences2010“A guilty plea is a waiver of trial and a waiver of the right to contest the admissibility of any evidence the state might have offered against the defendant, see McMann v. Richardson, 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790 , 90 S.Ct. 1458 , 25 L.Ed.2d 785 (1970), including an illegal arrest, the validity of a search and seizure, Vann v. State, 44 Ala.App. 523 , 214 So.2d 925 (1968), or a prior involuntary confession. 2010“A guilty plea is a waiver of trial and a waiver of the right to contest the admissibility of any evidence the state might have offered against the defendant, see McMann v. Richardson, 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790 , 90 S.Ct. 1458 , 25 L.Ed.2d 785 (1970), including an illegal arrest, the validity of a search and seizure, Vann v. State, 44 Ala.App. 523 , 214 So.2d 925 (1968), or a prior involuntary confession. | 1 | 3 |
Waters v. Stategreen1 sentence2024App. 2020) (noting that a circuit court may condition a defendant's sentence for a guilty-plea conviction upon the defendant's appearance at the sentencing hearing, provided that the condition is "expressly included in the written plea agreement or stated in open court" at the guilty-plea hearing). "[W]hether to allow a defendant to withdraw his guilty plea rests within the sound discretion of the [circuit] court, and this Court will not overrule that decision on appeal absent an abuse of discretion." Waters v. State, 155 So. 3d 311, 317 (Ala. Crim. | 1 | 1 |
Atteberry v. Stategreen1 sentence2010Atteberry v. State, 448 So.2d 425, 427 (Ala.Crim.App.1983). “[T]he reading of the indictment [is] sufficient to establish a factual basis for a guilty plea in certain cases, [and] in those cases it is not required that the indictment be read into the record during the guilty plea hearing.” Alvis v. State, 740 So.2d 459, 461 (Ala.Crim.App.1998). | 1 | 1 |
Ex Parte Hortongreen1 sentence2010“A guilty plea, if entered voluntarily and with understanding of the consequences, waives all non-jurisdictional defects.” Ex parte Horton, 456 So.2d 1120, 1122 (Ala.1984). | 1 | 1 |
Barnes v. Stategreen1 sentence2010Williams v. State, 283 Ala. 668 , 220 So.2d 609 (1969).” Barnes v. State, 354 So.2d 343, 345 (Ala.Crim.App.1978). | 1 | 1 |
Scott v. Stategreen1 sentence2008Likewise, ‘the reading of the indictment [is] sufficient to establish a factual basis for a guilty plea in certain cases, [and] in those cases it is not required that the indictment be read into the record during the guilty plea hearing.’ Alvis v. State, 740 So.2d 459, 461 (Ala.Crim.App.1998).” Scott v. State, 917 So.2d 159, 165 (Ala.Crim.App.2005); see also, Sellers v. State, 935 So.2d 1207, 1214-15 (Ala.Crim.App.2005). | 1 | 1 |
Sellers v. Stategreen1 sentence2008Likewise, ‘the reading of the indictment [is] sufficient to establish a factual basis for a guilty plea in certain cases, [and] in those cases it is not required that the indictment be read into the record during the guilty plea hearing.’ Alvis v. State, 740 So.2d 459, 461 (Ala.Crim.App.1998).” Scott v. State, 917 So.2d 159, 165 (Ala.Crim.App.2005); see also, Sellers v. State, 935 So.2d 1207, 1214-15 (Ala.Crim.App.2005). | 1 | 1 |
Ex Parte Johnsongreen1 sentence1999See, Santabello , 404 U.S. at 261 ." 669 So.2d at 207 . | 1 | 1 |
Maxwell v. Stategreen1 sentence1991See the statement of facts given in Maxwell v. State, supra. During the appellant’s guilty plea hearing, defense counsel indicated that the facts would establish that pharmaceuticals and marijuana were discovered in a berthing area on the sailboat in a bag that bore the appellant’s name and address. | 1 | 1 |
Rogers v. Stategreen2 sentences1982See, e.g., Rogers v. State, 332 So.2d 165 (Ala.Cr.App.), cert. denied, 332 So.2d 168 (Ala.1976). 1982See, e.g., Rogers v. State , 332 So.2d 165 (Ala.Cr.App.), cert. denied , 332 So.2d 168 (Ala. 1976). | 1 | 1 |
Rogers v. Stategreen2 sentences1982See, e.g., Rogers v. State, 332 So.2d 165 (Ala.Cr.App.), cert. denied, 332 So.2d 168 (Ala.1976). 1982See, e.g., Rogers v. State , 332 So.2d 165 (Ala.Cr.App.), cert. denied , 332 So.2d 168 (Ala. 1976). | 1 | 1 |
Albright v. Stategreen2 sentences1977Albright v. State, 50 Ala.App. 480, 485 , 280 So.2d 186, 191 (1973). 1977Albright v. State, 50 Ala.App. 480, 485 , 280 So.2d 186, 191 (1973). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Williams v. State
neutral
2 sentences2010Williams v. State, 283 Ala. 668 , 220 So.2d 609 (1969).” Barnes v. State, 354 So.2d 343, 345 (Ala.Crim.App.1978). 2010Williams v. State, 283 Ala. 668 , 220 So.2d 609 (1969).” Barnes v. State, 354 So.2d 343, 345 (Ala.Crim.App.1978). | 2 | 1978–2010 |
Vann v. State
neutral
2 sentences2010“A guilty plea is a waiver of trial and a waiver of the right to contest the admissibility of any evidence the state might have offered against the defendant, see McMann v. Richardson, 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790 , 90 S.Ct. 1458 , 25 L.Ed.2d 785 (1970), including an illegal arrest, the validity of a search and seizure, Vann v. State, 44 Ala.App. 523 , 214 So.2d 925 (1968), or a prior involuntary confession. 2010“A guilty plea is a waiver of trial and a waiver of the right to contest the admissibility of any evidence the state might have offered against the defendant, see McMann v. Richardson, 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790 , 90 S.Ct. 1458 , 25 L.Ed.2d 785 (1970), including an illegal arrest, the validity of a search and seizure, Vann v. State, 44 Ala.App. 523 , 214 So.2d 925 (1968), or a prior involuntary confession. | 2 | 1978–2010 |
Parker v. North Carolina
green
2 sentences2010“A guilty plea is a waiver of trial and a waiver of the right to contest the admissibility of any evidence the state might have offered against the defendant, see McMann v. Richardson, 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790 , 90 S.Ct. 1458 , 25 L.Ed.2d 785 (1970), including an illegal arrest, the validity of a search and seizure, Vann v. State, 44 Ala.App. 523 , 214 So.2d 925 (1968), or a prior involuntary confession. 2010“A guilty plea is a waiver of trial and a waiver of the right to contest the admissibility of any evidence the state might have offered against the defendant, see McMann v. Richardson, 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970); Parker v. North Carolina, 397 U.S. 790 , 90 S.Ct. 1458 , 25 L.Ed.2d 785 (1970), including an illegal arrest, the validity of a search and seizure, Vann v. State, 44 Ala.App. 523 , 214 So.2d 925 (1968), or a prior involuntary confession. | 2 | 1978–2010 |
People v. Radek
green
1 sentence2024Thus, it is clear that the sentencing condition "was an integral part of the same proceeding," i.e., the guilty-plea hearing, and that Horton "assented to the conditions as imposed." Radek, 202 A.D.2d at 849 . | 1 | 2024–2024 |
Taylor v. State
green
1 sentence2024Thus, when the circuit court sentenced Horton to 25 years' imprisonment because he had failed to appear for sentencing on November 28, 2022, the court did not deviate from the plea agreement; instead, the court 1Horton does not argue on appeal that he did not understand the sentencing range that could be imposed for his first-degree robbery conviction. 7 CR-2023-0301 sentenced Horton "in accordance with the plea agreement, as amended by the condition added by the [circuit] court." Taylor, 677 So. 2d at 1285 . | 1 | 2024–2024 |
Verzone v. State
green
1 sentence2015Verzone v. State, 841 So.2d 312 (Ala.Crim.App.2002). | 1 | 2015–2015 |
State v. Allaire
green
1 sentence2013In both motions counsel argued that the charges were due to be dismissed because § 15-20-23 had been repealed by Act No. 2011-640, (§§ 15-20A-1 et seq., Ala.Code 1975), without providing a “savings clause for prosecutions for violating the statutes that were repealed.” (C. 33, 77.) The motion asserted: “ ‘ “It is well settled, that no recovery or conviction can be had on a penal statute after its repeal, or the offence against which it is directed, is divested or criminality, unless there is a special clause allowing it,” State v. Allaire, 14 Ala. 435 (1848). | 1 | 2013–2013 |
Brady v. United States
green
2 sentences2003See McMann v. Richardson, 397 U.S. 759, 766 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970) (a guilty plea is a waiver of the right to contest the admissibility of any evidence the prosecution might have offered against the defendant; accordingly, that waiver must be an intelligent act " 'done with sufficient awareness of the relevant circumstances and likely consequences’ ”), quoting Brady v. United States, 397 U.S. 742, 748 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970). 2003See McMann v. Richardson, 397 U.S. 759, 766 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970) (a guilty plea is a waiver of the right to contest the admissibility of any evidence the prosecution might have offered against the defendant; accordingly, that waiver must be an intelligent act " 'done with sufficient awareness of the relevant circumstances and likely consequences’ ”), quoting Brady v. United States, 397 U.S. 742, 748 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970). | 1 | 2003–2003 |
Alexander v. State
green
1 sentence1998Alexander v. State, 488 So.2d 41 , 44 (Ala.Cr.App. 1986). | 1 | 1998–1998 |
Boykin v. Alabama
green
2 sentences1983The guilty plea was in violation of Boykin v. Alabama , 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969). 1983The guilty plea was in violation of Boykin v. Alabama , 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969). | 1 | 1983–1983 |
Cooper v. State
green
2 sentences1977We think it appropriate to re-state our recommendation contained in Cooper v. State, 53 Ala.App. 36 , 297 So.2d 169 . “(2) The so-called Ireland waiver form is a useful document as it memorializes what occurred at the guilty plea hearing and we commend its use. 1977We think it appropriate to re-state our recommendation contained in Cooper v. State, 53 Ala.App. 36 , 297 So.2d 169 . “(2) The so-called Ireland waiver form is a useful document as it memorializes what occurred at the guilty plea hearing and we commend its use. | 1 | 1977–1977 |
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.