legislative immunity in Alabama

1983The Court in United States v. Brewster , 408 U.S. 501 , 507 , 92 S.Ct. 2531 , 2535 , 33 L.Ed.2d 507 (1971), noted the import of the Speech or Debate Clause: "The immunities of the Speech or Debate Clause were not written into the Constitution simply for the personal or private benefit of Members of Congress, but to protect the integrity of the legislative process by insuring the independence of individual legislators." Legislative immunity extends beyond mere statements made in the legislative chambers.

1983The Court in United States v. Brewster , 408 U.S. 501 , 507 , 92 S.Ct. 2531 , 2535 , 33 L.Ed.2d 507 (1971), noted the import of the Speech or Debate Clause: "The immunities of the Speech or Debate Clause were not written into the Constitution simply for the personal or private benefit of Members of Congress, but to protect the integrity of the legislative process by insuring the independence of individual legislators." Legislative immunity extends beyond mere statements made in the legislative chambers.

1988When there is only a minimum, the Court thought a more liberal application of the principle should be made. ". . . . " In the Opinion of the Justices , 249 Ala. 511 , 31 So.2d 721 , we were responding to a legislative inquiry as to a proposed act applicable to counties of 400,000 population or more according to the last or any subsequent federal census, which would require the payment to such counties of a license tax of one cent on each gallon of gasoline.

1988When there is only a minimum, the Court thought a more liberal application of the principle should be made. ". . . . " In the Opinion of the Justices , 249 Ala. 511 , 31 So.2d 721 , we were responding to a legislative inquiry as to a proposed act applicable to counties of 400,000 population or more according to the last or any subsequent federal census, which would require the payment to such counties of a license tax of one cent on each gallon of gasoline.

2007In Tutwiler Drug Co. v. City of Birmingham , 418 So.2d 102 , 104-05 (Ala. 1982), this Court stated: "[T]he tort liability rule for public officials and employees of Restatement (Second) of Torts , § 895D, Public Officers (1974), is consistent with Alabama's case law development in the area of `substantive immunity.' That section of the Restatement provides: "`. . . . "`(2) A public officer acting within the general scope of his authority is immune from tort liability for an act or omission involving the exercise of a judicial or legislative function. '" (Emphasis added.) This legislative immun

2004In Echols v. State, 47 Ala.App. 23 , 249 So.2d 639 (1971), this Court discussed the origin of plain-error review in Alabama; it quoted the legislative rule in force at that time: “Section 10 of said Act reads as follows: “ ‘In all cases of automatic appeals the Appellate Court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of the appellant, and may reverse thereon even though no lawful objection or exception was made thereto.

2004In Echols v. State, 47 Ala.App. 23 , 249 So.2d 639 (1971), this Court discussed the origin of plain-error review in Alabama; it quoted the legislative rule in force at that time: “Section 10 of said Act reads as follows: “ ‘In all cases of automatic appeals the Appellate Court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of the appellant, and may reverse thereon even though no lawful objection or exception was made thereto.

2003"As one court has stated, `the availability of an absolute privilege must be reserved for those situations where the public interest is so vital and apparent that it mandates complete freedom of expression without inquiry into a defendant's motives.'" Webster v. Byrd , 494 So.2d 31 , 35 (Ala. 1986) (quoting Supry v. Bolduc , 112 N.H. 274 , 276 , 293 A.2d 767 , 769 (1972)). "'An absolutely privileged communication is one in respect of which, by reason of the occasion on which, or the matter in reference to which, it is made, no remedy can be had in a civil action, however hard it may bear upon

2003"As one court has stated, `the availability of an absolute privilege must be reserved for those situations where the public interest is so vital and apparent that it mandates complete freedom of expression without inquiry into a defendant's motives.'" Webster v. Byrd , 494 So.2d 31 , 35 (Ala. 1986) (quoting Supry v. Bolduc , 112 N.H. 274 , 276 , 293 A.2d 767 , 769 (1972)). "'An absolutely privileged communication is one in respect of which, by reason of the occasion on which, or the matter in reference to which, it is made, no remedy can be had in a civil action, however hard it may bear upon

2003"As one court has stated, `the availability of an absolute privilege must be reserved for those situations where the public interest is so vital and apparent that it mandates complete freedom of expression without inquiry into a defendant's motives.'" Webster v. Byrd , 494 So.2d 31 , 35 (Ala. 1986) (quoting Supry v. Bolduc , 112 N.H. 274 , 276 , 293 A.2d 767 , 769 (1972)). "'An absolutely privileged communication is one in respect of which, by reason of the occasion on which, or the matter in reference to which, it is made, no remedy can be had in a civil action, however hard it may bear upon

1982The target of appellant's challenge of said opinion is that part of the opinion in which it was held that the unconstitutional part of the Alabama death penalty statute then under consideration which precludes the judge from instructing the jury on lesser included offenses, even though a lesser included offense is supported by the evidence, did not vitiate the statute in its entirety and that the statute could be and was "salvaged by severing the preclusion clause and adopting [judicially] a procedure which would preserve the legislative requirement that the jury fix the punishment at death if

1964Freeman v. State, 21 Ala.App. 629 , 111 So. 188 ; Jones, Alabama Jury Instruction, § 6556.

1964Freeman v. State, 21 Ala.App. 629 , 111 So. 188 ; Jones, Alabama Jury Instruction, § 6556.

1950See, Cooper v. State, 226 Ala. 288 , 147 So. 432 ; Dearborn v. Johnson, 234 Ala. 84 , 173 So. 864 ; Howell v. Johnson, 34 Ala.App. 570 , 42 So.2d 644 , certiorari denied Ala.Sup., 42 So.2d 649 , In the Opinion of the Justices, 249 Ala. 511 , 31 So.2d 721 , we were responding to a legislative inquiry as to a proposed act applicable to counties of 400,000 population or more according to the last or any subsequent federal census, which would require the payment to such counties of a license tax of one cent on each gallon of gasoline.

1950See, Cooper v. State, 226 Ala. 288 , 147 So. 432 ; Dearborn v. Johnson, 234 Ala. 84 , 173 So. 864 ; Howell v. Johnson, 34 Ala.App. 570 , 42 So.2d 644 , certiorari denied Ala.Sup., 42 So.2d 649 , In the Opinion of the Justices, 249 Ala. 511 , 31 So.2d 721 , we were responding to a legislative inquiry as to a proposed act applicable to counties of 400,000 population or more according to the last or any subsequent federal census, which would require the payment to such counties of a license tax of one cent on each gallon of gasoline.

1950See, Cooper v. State, 226 Ala. 288 , 147 So. 432 ; Dearborn v. Johnson, 234 Ala. 84 , 173 So. 864 ; Howell v. Johnson, 34 Ala.App. 570 , 42 So.2d 644 , certiorari denied Ala.Sup., 42 So.2d 649 , In the Opinion of the Justices, 249 Ala. 511 , 31 So.2d 721 , we were responding to a legislative inquiry as to a proposed act applicable to counties of 400,000 population or more according to the last or any subsequent federal census, which would require the payment to such counties of a license tax of one cent on each gallon of gasoline.

1950See, Cooper v. State, 226 Ala. 288 , 147 So. 432 ; Dearborn v. Johnson, 234 Ala. 84 , 173 So. 864 ; Howell v. Johnson, 34 Ala.App. 570 , 42 So.2d 644 , certiorari denied Ala.Sup., 42 So.2d 649 , In the Opinion of the Justices, 249 Ala. 511 , 31 So.2d 721 , we were responding to a legislative inquiry as to a proposed act applicable to counties of 400,000 population or more according to the last or any subsequent federal census, which would require the payment to such counties of a license tax of one cent on each gallon of gasoline.

1950See, Cooper v. State, 226 Ala. 288 , 147 So. 432 ; Dearborn v. Johnson, 234 Ala. 84 , 173 So. 864 ; Howell v. Johnson, 34 Ala.App. 570 , 42 So.2d 644 , certiorari denied Ala.Sup., 42 So.2d 649 , In the Opinion of the Justices, 249 Ala. 511 , 31 So.2d 721 , we were responding to a legislative inquiry as to a proposed act applicable to counties of 400,000 population or more according to the last or any subsequent federal census, which would require the payment to such counties of a license tax of one cent on each gallon of gasoline.

1936Pate v. State, 19 Ala.App. 642 , 99 So. 833 ; Berry v. State, 20 Ala.App. 102 , 100 So. 922 . *121 During the argument the following occurred: “While R.

1936Pate v. State, 19 Ala.App. 642 , 99 So. 833 ; Berry v. State, 20 Ala.App. 102 , 100 So. 922 . *121 During the argument the following occurred: “While R.

1936Pate v. State, 19 Ala.App. 642 , 99 So. 833 ; Berry v. State, 20 Ala.App. 102 , 100 So. 922 . *121 During the argument the following occurred: “While R.

1936Pate v. State, 19 Ala.App. 642 , 99 So. 833 ; Berry v. State, 20 Ala.App. 102 , 100 So. 922 . *121 During the argument the following occurred: “While R.

1922That is not such as was condemned in Bailey v. State, supra; Truax v. Corrigan, supra; Chicago, M. & St P. R.