issue under the plain error in Alabama

15 Alabama opinions name it 1 courts 1993–2018 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 (6)

Case	Followed	Cited
Ex Parte Landgreen ala · 1996 · cited in 2 Alabama opinions naming this issue, 1998–1998 2 sentences 1998Ex parte Land , 678 So.2d 224 , 232 (Ala.), cert. denied, — U.S. —, 117 S.Ct. 308 , 136 L.Ed.2d 224 (1996); Rule 45A, Ala.R.App.P. 1998Ex parte Land, 678 So.2d 224, 232 (Ala.), cert. denied, 519 U.S. 933 , 117 S.Ct. 308 , 136 L.Ed.2d 224 (1996).	1	2
Caldwell v. Mississippigreen scotus · 1985 · cited in 1 Alabama opinions naming this issue, 2005–2005 2 sentences 2005Court refused to require the state to pay for certain experts when the indigent defendant "offered little more than undeveloped assertions that the requested assistance would be beneficial." Caldwell v. Mississippi, 472 U.S. 320 at 323, 105 [,] S.Ct. 2633 at 2637, 86 L.Ed.2d 231 (1985). 2005Court refused to require the state to pay for certain experts when the indigent defendant "offered little more than undeveloped assertions that the requested assistance would be beneficial." Caldwell v. Mississippi, 472 U.S. 320 at 323, 105 [,] S.Ct. 2633 at 2637, 86 L.Ed.2d 231 (1985).	1	1
Ex Parte Jonesgreen ala · 1991 · cited in 1 Alabama opinions naming this issue, 1996–1996 1 sentence 1996The appellant is correct is his assertion that there was no evidence presented as to how the bodies of the victims were transported *130 from the scenes of the crimes to the Montgomery office of the Alabama State Department of Forensic Sciences, where Dr. Gilchrist performed the autopsies. "`The purpose for requiring that the chain of custody be shown is to establish to a reasonable probability that there has been no tampering with the evidence.' Ex parte Jones, 592 So.2d 210, 212 (Ala.1991); Harrell v. State, 608 So.2d 434, 437 (Ala. Crim.App.1992).	1	1
Harrell v. Stategreen alacrimapp · 1992 · cited in 1 Alabama opinions naming this issue, 1996–1996 1 sentence 1996The appellant is correct is his assertion that there was no evidence presented as to how the bodies of the victims were transported *130 from the scenes of the crimes to the Montgomery office of the Alabama State Department of Forensic Sciences, where Dr. Gilchrist performed the autopsies. "`The purpose for requiring that the chain of custody be shown is to establish to a reasonable probability that there has been no tampering with the evidence.' Ex parte Jones, 592 So.2d 210, 212 (Ala.1991); Harrell v. State, 608 So.2d 434, 437 (Ala. Crim.App.1992).	1	1
Batson v. Kentuckygreen scotus · 1986 · cited in 1 Alabama opinions naming this issue, 1995–1995 2 sentences 1995The plain error doctrine states: "In all cases in which the death penalty has been imposed, the court of criminal appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant." Page 157 In Batson v. Kentucky , 476 u.S. 79, 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), the United States Supreme Court held that black prospective jurors could not be struck from a black def 1995The plain error doctrine states: "In all cases in which the death penalty has been imposed, the court of criminal appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant." Page 157 In Batson v. Kentucky , 476 u.S. 79, 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), the United States Supreme Court held that black prospective jurors could not be struck from a black def	1	1
Fletcher v. Stategreen alacrimapp · 1993 · cited in 1 Alabama opinions naming this issue, 1993–1993 1 sentence 1993Rule 45A, Ala.R.App.P. "`[D]runkenness due to liquor or drugs may render [a] defendant incapable of forming or entertaining a specific intent or some particular mental element that is essential to the crime.' Commentary to Ala.Code 1975, § 13A-3-2." Fletcher v. State, 621 So.2d 1010, 1019 (Ala.Crim.App.1993).	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 (19)

Case	Cited	Years
Turner v. State green alacrimapp · 2003 2 sentences 2018App. P. See Turner v. State , 924 So.2d 737 , 767 (Ala. Crim. 2018App. P. See Turner v. State , 924 So.2d 737 , 767 (Ala. Crim.	2	2018–2018
Stewart v. State green alacrimapp · 1992 2 sentences 2003Stewart v. State, 601 So.2d 491 (Ala.Crim.App.1992). 1995Stewart v. State, 601 So.2d 491 (Ala.Crim.App.1992).	2	1995–2003
Harrell v. Johnson green scotus · 1996 2 sentences 1998Ex parte Land , 678 So.2d 224 , 232 (Ala.), cert. denied, — U.S. —, 117 S.Ct. 308 , 136 L.Ed.2d 224 (1996); Rule 45A, Ala.R.App.P. 1998Ex parte Land, 678 So.2d 224, 232 (Ala.), cert. denied, 519 U.S. 933 , 117 S.Ct. 308 , 136 L.Ed.2d 224 (1996).	2	1998–1998
Becker v. Southwest Travis County Road District No. 1 green scotus · 1996 2 sentences 1998Ex parte Land , 678 So.2d 224 , 232 (Ala.), cert. denied, — U.S. —, 117 S.Ct. 308 , 136 L.Ed.2d 224 (1996); Rule 45A, Ala.R.App.P. 1998Ex parte Land, 678 So.2d 224, 232 (Ala.), cert. denied, 519 U.S. 933 , 117 S.Ct. 308 , 136 L.Ed.2d 224 (1996).	2	1998–1998
Ex Parte Moody green ala · 1996 1 sentence 2005In further considering the issue under the plain-error standard, we have applied the following to the facts presented: "In [ Ex parte] Moody, [ 684 So.2d 114 (Ala.1996),] the Alabama Supreme Court defined the standard by which a trial court must assess an indigent defendant's request for expert assistance. "`Although the [United States] Supreme Court has not specifically stated what "threshold showing" must be made by the indigent defendant with regard to the need for an expert, the.	1	2005–2005
Lockett v. Ohio green scotus · 1978 2 sentences 1999"A sentencer in a capital case may not refuse to consider or be `precluded from considering' mitigating factors." Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982) (quoting Lockett v. Ohio, 438 U.S. 586, 604 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978)). 1999"A sentencer in a capital case may not refuse to consider or be `precluded from considering' mitigating factors." Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982) (quoting Lockett v. Ohio, 438 U.S. 586, 604 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978)).	1	1999–1999
Eddings v. Oklahoma green scotus · 1982 2 sentences 1999"A sentencer in a capital case may not refuse to consider or be `precluded from considering' mitigating factors." Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982) (quoting Lockett v. Ohio, 438 U.S. 586, 604 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978)). 1999"A sentencer in a capital case may not refuse to consider or be `precluded from considering' mitigating factors." Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982) (quoting Lockett v. Ohio, 438 U.S. 586, 604 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978)).	1	1999–1999
Bostic v. United States green scotus · 1996 1 sentence 1998Ex parte Land, 678 So.2d 224, 232 (Ala.), cert. denied, 519 U.S. 933 , 117 S.Ct. 308 , 136 L.Ed.2d 224 (1996).	1	1998–1998
Miranda v. Arizona green scotus · 1966 2 sentences 1997A First, the appellant asserts that the statement was obtained in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). 1997A First, the appellant asserts that the statement was obtained in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).	1	1997–1997
Boyde v. California green scotus · 1990 2 sentences 1996The United States Supreme Court in Boyde v. California, 494 U.S. 370, 377 , 110 S.Ct. 1190, 1196 , 108 L.Ed.2d 316 (1990), addressed this issue as follows: "Petitioner suggests that the jury must have freedom to decline to impose the death penalty even if the jury decides that the aggravating circumstances `outweigh' the mitigating circumstances. 1996The United States Supreme Court in Boyde v. California, 494 U.S. 370, 377 , 110 S.Ct. 1190, 1196 , 108 L.Ed.2d 316 (1990), addressed this issue as follows: "Petitioner suggests that the jury must have freedom to decline to impose the death penalty even if the jury decides that the aggravating circumstances `outweigh' the mitigating circumstances.	1	1996–1996
Williams v. State green alacrimapp · 1992 1 sentence 1996"While the fact that no objection was made will not preclude review in a case where the appellant has been sentenced to death, it will weigh against any claim of prejudice." Williams v. State , 601 So.2d 1062 , 1072 (Ala.Cr.App. 1991), aff'd, 662 So.2d 929 , (Ala.), cert. denied, 506 U.S. 957 , 113 S.Ct. 417 , 121 L.Ed.2d 340 (1992).	1	1996–1996
Hartford Accident & Indemnity Co. v. Workers' Compensation Appeals Board green scotus · 1992 1 sentence 1996"While the fact that no objection was made will not preclude review in a case where the appellant has been sentenced to death, it will weigh against any claim of prejudice." Williams v. State , 601 So.2d 1062 , 1072 (Ala.Cr.App. 1991), aff'd, 662 So.2d 929 , (Ala.), cert. denied, 506 U.S. 957 , 113 S.Ct. 417 , 121 L.Ed.2d 340 (1992).	1	1996–1996
Lincecum v. Collins green scotus · 1992 1 sentence 1996"While the fact that no objection was made will not preclude review in a case where the appellant has been sentenced to death, it will weigh against any claim of prejudice." Williams v. State , 601 So.2d 1062 , 1072 (Ala.Cr.App. 1991), aff'd, 662 So.2d 929 , (Ala.), cert. denied, 506 U.S. 957 , 113 S.Ct. 417 , 121 L.Ed.2d 340 (1992).	1	1996–1996
Perez v. Wisconsin green scotus · 1992 1 sentence 1996"While the fact that no objection was made will not preclude review in a case where the appellant has been sentenced to death, it will weigh against any claim of prejudice." Williams v. State , 601 So.2d 1062 , 1072 (Ala.Cr.App. 1991), aff'd, 662 So.2d 929 , (Ala.), cert. denied, 506 U.S. 957 , 113 S.Ct. 417 , 121 L.Ed.2d 340 (1992).	1	1996–1996
Ex Parte Womack green ala · 1983 1 sentence 1995"In considering what constitutes `plain error' in a capital case, the Alabama Supreme Court has looked to the federal court's interpretation of what is `plain error.' See Ex parte Harrell, 470 So.2d 1309 (Ala.1985); Ex parte Womack, 435 So.2d 766 (Ala.1983), cert, denied, 464 U.S. 986 , 104 S.Ct. 436 , 78 L.Ed.2d 367 (1983).	1	1995–1995
Hydroculture, Inc. v. Coopers green scotus · 1983 1 sentence 1995"In considering what constitutes `plain error' in a capital case, the Alabama Supreme Court has looked to the federal court's interpretation of what is `plain error.' See Ex parte Harrell, 470 So.2d 1309 (Ala.1985); Ex parte Womack, 435 So.2d 766 (Ala.1983), cert, denied, 464 U.S. 986 , 104 S.Ct. 436 , 78 L.Ed.2d 367 (1983).	1	1995–1995
Salser v. United States green scotus · 1983 1 sentence 1995"In considering what constitutes `plain error' in a capital case, the Alabama Supreme Court has looked to the federal court's interpretation of what is `plain error.' See Ex parte Harrell, 470 So.2d 1309 (Ala.1985); Ex parte Womack, 435 So.2d 766 (Ala.1983), cert, denied, 464 U.S. 986 , 104 S.Ct. 436 , 78 L.Ed.2d 367 (1983).	1	1995–1995
Dick v. Kemp green scotus · 1983 1 sentence 1995"In considering what constitutes `plain error' in a capital case, the Alabama Supreme Court has looked to the federal court's interpretation of what is `plain error.' See Ex parte Harrell, 470 So.2d 1309 (Ala.1985); Ex parte Womack, 435 So.2d 766 (Ala.1983), cert, denied, 464 U.S. 986 , 104 S.Ct. 436 , 78 L.Ed.2d 367 (1983).	1	1995–1995
Ex Parte Harrell red ala · 1985 1 sentence 1995"In considering what constitutes `plain error' in a capital case, the Alabama Supreme Court has looked to the federal court's interpretation of what is `plain error.' See Ex parte Harrell, 470 So.2d 1309 (Ala.1985); Ex parte Womack, 435 So.2d 766 (Ala.1983), cert, denied, 464 U.S. 986 , 104 S.Ct. 436 , 78 L.Ed.2d 367 (1983).	1	1995–1995

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (12) AL § Ala. Code § 13A-5-53 (11) AL § Ala. Code § 13A-5-49 (10) AL § Ala. Code § 13A-5-51 (9) AL § Ala. Code § 13A-5-47 (8) AL § Ala. Code § 13A-5-52 (8) AL § Ala. Code § 12-16-150 (6) AL § Ala. Code § 13A-5-45 (6) AL § Ala. Code § 13A-5-50 (6) AL § Ala. Code § 13A-6-2 (5) AL § Ala. Code § 13A-5-46 (4) AL § Ala. Code § 13A-6-43 (4)

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.

Where else courts name it

IL 350 (1974–2026) TN 48 (1998–2020) OH 26 (1992–2025) MI 20 (2003–2025) NJ 19 (1999–2025) AL 15 (1993–2018) MS 14 (2006–2025) UT 8 (1997–2020) MT 7 (1988–2016) WV 5 (2012–2020) CT 5 (1994–2026) NC 4 (2006–2018) GA 3 (2007–2022) MO 3 (1977–2008) SD 2 (1989–2001) MD 2 (2001–2009) MN 2 (2011–2024) VI 2 (2011–2013) CO 2 (2002–2026)

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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