drug analysis in Alabama

15 Alabama opinions name it 3 courts 1975–2017 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.

Followed or applied (7)

Case	Followed	Cited
Quattlebaum v. Stategreen alacrimapp · 2009 · cited in 1 Alabama opinions naming this issue, 2016–2016 1 sentence 2016See also Quattlebaum v. State, 29 So.3d 925, 927 (Ala.Crim.App.2009)(holding that Quattleb aum’s claim that the'court relied solely on hearsay evidence was' not preserved for review). ' With respect to Taylor’s argument that the circuit court erred in considering the drug analysis, we note that this Court has ■held that forensic reports in the nature of the laboratory report that was attested to by Prater are admissible in probation-revocation proceedings, even where they may constitute hearsay or are objected to on chain-of-custody grounds, because strict rules of evidence are not applicable	1	1
Allen v. Stategreen alacrimapp · 1994 · cited in 1 Alabama opinions naming this issue, 2016–2016 1 sentence 2016This Court has held that “ ‘ “a probation revocation hearing is not criminal in nature, and therefore neither formal procedures, nor formal rules of evidence need be followed by the trial court.” ’ Allen v. State, 644 So.2d 45, 46 (Ala.Crim.App.1994)(quoting Smith v. State, 445 So.2d 573, 574-575 (Ala.Crim.App.1984)); Thompson v. State, 356 So.2d 757 (Ala.Crim.App.1978); Goodrum v. State, 418 So.2d 942 (Ala.Crim.App.1982).	1	1
Rogers v. Penske Truck Leasing Co.green ala · 2010 · cited in 1 Alabama opinions naming this issue, 2016–2016 1 sentence 2016Our supreme court held in Ex parte Rogers, 68 So.3d 773, 781 (Ala.2010), “that the employer has the burden of proving that the employee is disqualified for reasons of misconduct.” As explained above, § 25-4-78(3)a. clearly states that the “refusal to submit to or cooperate with' a blood or urine test after previous warning” constitutes misconduct under that statute.	1	1
Smith v. Stategreen alacrimapp · 1984 · cited in 1 Alabama opinions naming this issue, 2016–2016 1 sentence 2016This Court has held that “ ‘ “a probation revocation hearing is not criminal in nature, and therefore neither formal procedures, nor formal rules of evidence need be followed by the trial court.” ’ Allen v. State, 644 So.2d 45, 46 (Ala.Crim.App.1994)(quoting Smith v. State, 445 So.2d 573, 574-575 (Ala.Crim.App.1984)); Thompson v. State, 356 So.2d 757 (Ala.Crim.App.1978); Goodrum v. State, 418 So.2d 942 (Ala.Crim.App.1982).	1	1
DSS v. Clay Co. Dept. of Human Res.green alacivapp · 1999 · cited in 1 Alabama opinions naming this issue, 2002–2002 1 sentence 2002Here, as in D.S.S. v. Clay County Department of Human Resources, 755 So.2d 584, 589 (Ala.Civ.App. 1999), the DHR caseworker "acknowledged that DHR did not have a service agreement with the father, did not suggest any rehabilitation programs to the father, and did not warn the father that, unless he made substantial efforts to satisfy DHR that he was a fit parent for the children,... his parental rights" would be terminated.	1	1
cluster 498019green ca11 · 1987 · cited in 1 Alabama opinions naming this issue, 1996–1996 1 sentence 1996See Everett v. Napper, 833 F.2d 1507 (11th Cir.1987)(employer had reasonable suspicion to request a drug test for employee when fellow employee who was a confirmed drug dealer named employee as one who had bought drugs from him).	1	1
Ex Parte Lovegreen ala · 1987 · cited in 1 Alabama opinions naming this issue, 1989–1989 1 sentence 1989However, the defendant’s reliance on that statute is misplaced in this case, for it provides, in pertinent part, the following: “Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given his consent, ... to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state while under the influence of intoxicating liquor.”	1	1

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 (23)

Case	Cited	Years
Ex Parte Magwood green ala · 1986 2 sentences 1997As to the reliability of the GC/MS testing, Alabama courts have held that when a drug testing expert "describe[s] how she performed a drug analysis using the gas chromatograph spectrometer and the infrared spectrophotometer and also testifie[s] that the forensic sciences community has found the results of these testing devices to be accurate, '[t]he weight to be given the testimony of the expert is a question for the [trier of fact].' " Miller v. State , 687 So.2d 1281 , 1286 (Ala.Crim.App. 1996) (quoting Magwood v. State , 494 So.2d 124 , 145 (Ala.Crim.App. 1985), aff'd, 494 So.2d 154 (Ala. 1 1996"The weight to be given the testimony of the expert is a question for the jury." Magwood v. State , 494 So.2d 124 , 145 (Ala.Cr.App.), aff'd, 494 So.2d 154 (Ala. 1986) cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986).	2	1996–1997
Magwood v. State green alacrimapp · 1985 2 sentences 1997As to the reliability of the GC/MS testing, Alabama courts have held that when a drug testing expert "describe[s] how she performed a drug analysis using the gas chromatograph spectrometer and the infrared spectrophotometer and also testifie[s] that the forensic sciences community has found the results of these testing devices to be accurate, '[t]he weight to be given the testimony of the expert is a question for the [trier of fact].' " Miller v. State , 687 So.2d 1281 , 1286 (Ala.Crim.App. 1996) (quoting Magwood v. State , 494 So.2d 124 , 145 (Ala.Crim.App. 1985), aff'd, 494 So.2d 154 (Ala. 1 1996"The weight to be given the testimony of the expert is a question for the jury." Magwood v. State , 494 So.2d 124 , 145 (Ala.Cr.App.), aff'd, 494 So.2d 154 (Ala. 1986) cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986).	2	1996–1997
McComb v. Jacksonville Paper Co. green scotus · 1949 2 sentences 1997As to the reliability of the GC/MS testing, Alabama courts have held that when a drug testing expert "describe[s] how she performed a drug analysis using the gas chromatograph spectrometer and the infrared spectrophotometer and also testifie[s] that the forensic sciences community has found the results of these testing devices to be accurate, '[t]he weight to be given the testimony of the expert is a question for the [trier of fact].' " Miller v. State , 687 So.2d 1281 , 1286 (Ala.Crim.App. 1996) (quoting Magwood v. State , 494 So.2d 124 , 145 (Ala.Crim.App. 1985), aff'd, 494 So.2d 154 (Ala. 1 1996"The weight to be given the testimony of the expert is a question for the jury." Magwood v. State , 494 So.2d 124 , 145 (Ala.Cr.App.), aff'd, 494 So.2d 154 (Ala. 1986) cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986).	2	1996–1997
Armstrong v. State green ala · 1975 2 sentences 1997The Defendant admitted to failing a drug test.' " This court stated: "The trial court's written order is sufficient to satisfy the requirements of Armstrong v. State , 294 Ala. 100 , 312 So.2d 620 (1975)." 699 So.2d at 961 . 1997The Defendant admitted to failing a drug test.' " This court stated: "The trial court's written order is sufficient to satisfy the requirements of Armstrong v. State , 294 Ala. 100 , 312 So.2d 620 (1975)." 699 So.2d at 961 .	2	1996–1997
Walker v. Illinois green scotus · 1986 2 sentences 1997As to the reliability of the GC/MS testing, Alabama courts have held that when a drug testing expert "describe[s] how she performed a drug analysis using the gas chromatograph spectrometer and the infrared spectrophotometer and also testifie[s] that the forensic sciences community has found the results of these testing devices to be accurate, '[t]he weight to be given the testimony of the expert is a question for the [trier of fact].' " Miller v. State , 687 So.2d 1281 , 1286 (Ala.Crim.App. 1996) (quoting Magwood v. State , 494 So.2d 124 , 145 (Ala.Crim.App. 1985), aff'd, 494 So.2d 154 (Ala. 1 1997As to the reliability of the GC/MS testing, Alabama courts have held that when a drug testing expert "describe[s] how she performed a drug analysis using the gas chromatograph spectrometer and the infrared spectrophotometer and also testifie[s] that the forensic sciences community has found the results of these testing devices to be accurate, '[t]he weight to be given the testimony of the expert is a question for the [trier of fact].' " Miller v. State , 687 So.2d 1281 , 1286 (Ala.Crim.App. 1996) (quoting Magwood v. State , 494 So.2d 124 , 145 (Ala.Crim.App. 1985), aff'd, 494 So.2d 154 (Ala. 1	2	1996–1997
Faulkner v. Walters green ala · 1995 1 sentence 2017"The general rule is that excluding witnesses upon invocation of 'the rule' [i.e., Rule 615 ] is a matter largely left to the trial court's discretion, and its decision on the matter will not be disturbed unless it amounts to an abuse of discretion." Faulkner v. Walters , 661 So.2d 227 , 230 (Ala. 1995). *526 In the present case, during the adjudicatory hearing, the mother was asked to submit to a drug test to be administered by Short.	1	2017–2017
Thompson v. State green alacrimapp · 1978 1 sentence 2016This Court has held that “ ‘ “a probation revocation hearing is not criminal in nature, and therefore neither formal procedures, nor formal rules of evidence need be followed by the trial court.” ’ Allen v. State, 644 So.2d 45, 46 (Ala.Crim.App.1994)(quoting Smith v. State, 445 So.2d 573, 574-575 (Ala.Crim.App.1984)); Thompson v. State, 356 So.2d 757 (Ala.Crim.App.1978); Goodrum v. State, 418 So.2d 942 (Ala.Crim.App.1982).	1	2016–2016
Goodrum v. State neutral alacrimapp · 1982 1 sentence 2016This Court has held that “ ‘ “a probation revocation hearing is not criminal in nature, and therefore neither formal procedures, nor formal rules of evidence need be followed by the trial court.” ’ Allen v. State, 644 So.2d 45, 46 (Ala.Crim.App.1994)(quoting Smith v. State, 445 So.2d 573, 574-575 (Ala.Crim.App.1984)); Thompson v. State, 356 So.2d 757 (Ala.Crim.App.1978); Goodrum v. State, 418 So.2d 942 (Ala.Crim.App.1982).	1	2016–2016
Ex Parte McLendon green ala · 1984 1 sentence 2011In support of his argument, the father cites Ex parte McLendon, 455 So.2d 863 (Ala.1984), for the proposition that the mother failed to prove a “material change warranting change in the drug test requirement.” However, nothing in Ex parte McLendon supports the father’s argument that the mother was required to prove a material change in circumstances in order to remove the drug-screen provision of the divorce judgment, nor is there anything in Ex parte McLendon to support the father’s argument that the trial court acted outside its discretion by removing the drug-screen provision.	1	2011–2011
Ex Parte Grau green ala · 2000 1 sentence 2008Grau argued that the “expert testimony would have indicated that, because there was no cocaine in Grau’s system at the time of the test, Grau could not have ingested cocaine shortly before his arrest.” Grau, 791 So.2d at 346 .	1	2008–2008
Hoagland v. State neutral alacrimapp · 1996 1 sentence 1997The Defendant admitted to failing a drug test.' " This court stated: "The trial court's written order is sufficient to satisfy the requirements of Armstrong v. State , 294 Ala. 100 , 312 So.2d 620 (1975)." 699 So.2d at 961 .	1	1997–1997
Miller v. State green alacrimapp · 1996 1 sentence 1997As to the reliability of the GC/MS testing, Alabama courts have held that when a drug testing expert "describe[s] how she performed a drug analysis using the gas chromatograph spectrometer and the infrared spectrophotometer and also testifie[s] that the forensic sciences community has found the results of these testing devices to be accurate, '[t]he weight to be given the testimony of the expert is a question for the [trier of fact].' " Miller v. State , 687 So.2d 1281 , 1286 (Ala.Crim.App. 1996) (quoting Magwood v. State , 494 So.2d 124 , 145 (Ala.Crim.App. 1985), aff'd, 494 So.2d 154 (Ala. 1	1	1997–1997
Strickland v. Washington green scotus · 1984 2 sentences 1991“A review of the record reveals that neither of the appellant’s claims would overcome the requirement of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), that ‘but for counsel’s alleged professional error the result of the proceeding would have been different.’ “The appellant’s witness, Lawanda Jackson, testified favorably for the appellant. 1991“A review of the record reveals that neither of the appellant’s claims would overcome the requirement of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), that ‘but for counsel’s alleged professional error the result of the proceeding would have been different.’ “The appellant’s witness, Lawanda Jackson, testified favorably for the appellant.	1	1991–1991
United States v. Lawrence Michael Duff green ca9 · 1987 1 sentence 1990The Court of Appeals assumed that the drug test was a warrantless search, 831 F.2d at 178 , but nevertheless concluded: "We find no due process violation in the fact that Duff was not given notice before the drug testing that he would be subject to such testing. '[Although] [i]t is an essential component of due process that individuals be given fair warning of those acts which may lead to a loss of liberty,' [United States v.] Dane , 570 F.2d [840] at 843 [(9th Cir. 1977), cert. denied, 436 U.S. 959 , 98 S.Ct. 3075 , 57 L.Ed.2d 1124 (1978)].	1	1990–1990
Le Brun v. Cupp green scotus · 1978 1 sentence 1990The Court of Appeals assumed that the drug test was a warrantless search, 831 F.2d at 178 , but nevertheless concluded: "We find no due process violation in the fact that Duff was not given notice before the drug testing that he would be subject to such testing. '[Although] [i]t is an essential component of due process that individuals be given fair warning of those acts which may lead to a loss of liberty,' [United States v.] Dane , 570 F.2d [840] at 843 [(9th Cir. 1977), cert. denied, 436 U.S. 959 , 98 S.Ct. 3075 , 57 L.Ed.2d 1124 (1978)].	1	1990–1990
Denomie v. United States green scotus · 1978 1 sentence 1990The Court of Appeals assumed that the drug test was a warrantless search, 831 F.2d at 178 , but nevertheless concluded: "We find no due process violation in the fact that Duff was not given notice before the drug testing that he would be subject to such testing. '[Although] [i]t is an essential component of due process that individuals be given fair warning of those acts which may lead to a loss of liberty,' [United States v.] Dane , 570 F.2d [840] at 843 [(9th Cir. 1977), cert. denied, 436 U.S. 959 , 98 S.Ct. 3075 , 57 L.Ed.2d 1124 (1978)].	1	1990–1990
McRae v. United States Bureau of Prisons green scotus · 1978 1 sentence 1990The Court of Appeals assumed that the drug test was a warrantless search, 831 F.2d at 178 , but nevertheless concluded: "We find no due process violation in the fact that Duff was not given notice before the drug testing that he would be subject to such testing. '[Although] [i]t is an essential component of due process that individuals be given fair warning of those acts which may lead to a loss of liberty,' [United States v.] Dane , 570 F.2d [840] at 843 [(9th Cir. 1977), cert. denied, 436 U.S. 959 , 98 S.Ct. 3075 , 57 L.Ed.2d 1124 (1978)].	1	1990–1990
Green v. State green alactapp · 1964 2 sentences 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 . 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 .	1	1975–1975
Cartlidge v. State neutral · 1974 2 sentences 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 . 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 .	1	1975–1975
Powell v. State green alacrimapp · 1972 2 sentences 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 . 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 .	1	1975–1975
White v. State green ala · 1960 1 sentence 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 .	1	1975–1975
Lackey v. State green alactapp · 1960 1 sentence 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 .	1	1975–1975
Dennison v. State green ala · 1953 2 sentences 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 . 1975Powell v. State, 47 Ala.App. 582 , 258 So.2d 923 ; Green v. State, 42 Ala.App. 439 , 167 So.2d 694 ; Lackey v. State, 41 Ala.App. 46 , 123 So.2d 186 ; Dennison v. State, 259 Ala. 424 , 66 So.2d 552 ; Cartlidge v. State, 52 Ala.App. 495 , 294 So.2d 462 .	1	1975–1975

Where else courts name it

TX 171 (1984–2026) NY 102 (1987–2026) PA 67 (1989–2026) CA 57 (1991–2026) OH 46 (1994–2025) IL 40 (1978–2026) MA 31 (1986–2023) LA 31 (1983–2024) GA 27 (1973–2026) NM 27 (1993–2025) FL 23 (1991–2023) IN 23 (1993–2020) AR 22 (1989–2019) AZ 21 (1976–2026) NJ 21 (1989–2026) TN 20 (2000–2025) WA 16 (1997–2020) NC 16 (1998–2023) MS 15 (1991–2024) UT 15 (2009–2025) AL 15 (1975–2017) IA 14 (1969–2025) MD 14 (1988–2024) MO 14 (1979–2024) ME 11 (1995–2023) OK 10 (1991–2024) MI 9 (2000–2025) CO 9 (1993–2022) AK 8 (1977–2024) KS 8 (1995–2024) DC 8 (1991–2026) VA 8 (1995–2024) WV 7 (1991–2025) CT 7 (1998–2021) SC 6 (2002–2018) ID 6 (2006–2024) MT 5 (1984–2018) WI 5 (1991–2021) KY 4 (2000–2019) MN 4 (2008–2024) NV 4 (1991–2019) WY 4 (1990–2016) NE 4 (2008–2022) ND 3 (1987–2015) DE 3 (2016–2025) OR 3 (1991–1992) HI 2 (2006–2024)

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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