15 Alabama opinions name it 3 courts 1925–2018 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.
| Case | Followed | Cited |
|---|---|---|
Ex Parte Trawickgreen2 sentences2013This is known as “double-counting” or “overlap,” and Alabama courts “have repeatedly upheld death sentences where the only aggravating circumstance supporting the death sentence overlaps with an element of the capital offense.” Ex parte Trawick, 698 So.2d 162, 178 (Ala.1997); see also Coral v. State, 628 So.2d 954, 965 (Ala.Crim.App.1992).’” “Billups v. State, 86 So.3d 1032, 1054 (Ala.Crim.App.2009), quoting Barber v. State, 952 So.2d 393, 458-59 (Ala.Crim.App.2005). 2010This is known as ‘double-counting’ or ‘overlap,’ and Alabama courts ‘have repeatedly upheld death sentences where the only aggravating circumstance supporting the death sentence overlaps with an element of the capital offense.’ Ex parte Trawiclc, 698 So.2d 162, 178 (Ala.1997); see also Coral v. State, 628 So.2d 954, 965 (Ala.Crim.App.1992).” ’ ” Billups v. State, [Ms. CR-05-1767, November 13, 2009], — So.3d -, - (Ala.Crim.App.2009), quoting Barber v. State, 952 So.2d 393, 458-59 (Ala.Crim.App.2005). | 2 | 2 |
Barber v. Stategreen2 sentences2013This is known as “double-counting” or “overlap,” and Alabama courts “have repeatedly upheld death sentences where the only aggravating circumstance supporting the death sentence overlaps with an element of the capital offense.” Ex parte Trawick, 698 So.2d 162, 178 (Ala.1997); see also Coral v. State, 628 So.2d 954, 965 (Ala.Crim.App.1992).’” “Billups v. State, 86 So.3d 1032, 1054 (Ala.Crim.App.2009), quoting Barber v. State, 952 So.2d 393, 458-59 (Ala.Crim.App.2005). 2010This is known as ‘double-counting’ or ‘overlap,’ and Alabama courts ‘have repeatedly upheld death sentences where the only aggravating circumstance supporting the death sentence overlaps with an element of the capital offense.’ Ex parte Trawiclc, 698 So.2d 162, 178 (Ala.1997); see also Coral v. State, 628 So.2d 954, 965 (Ala.Crim.App.1992).” ’ ” Billups v. State, [Ms. CR-05-1767, November 13, 2009], — So.3d -, - (Ala.Crim.App.2009), quoting Barber v. State, 952 So.2d 393, 458-59 (Ala.Crim.App.2005). | 2 | 2 |
Coral v. Stategreen2 sentences2013This is known as “double-counting” or “overlap,” and Alabama courts “have repeatedly upheld death sentences where the only aggravating circumstance supporting the death sentence overlaps with an element of the capital offense.” Ex parte Trawick, 698 So.2d 162, 178 (Ala.1997); see also Coral v. State, 628 So.2d 954, 965 (Ala.Crim.App.1992).’” “Billups v. State, 86 So.3d 1032, 1054 (Ala.Crim.App.2009), quoting Barber v. State, 952 So.2d 393, 458-59 (Ala.Crim.App.2005). 2010This is known as ‘double-counting’ or ‘overlap,’ and Alabama courts ‘have repeatedly upheld death sentences where the only aggravating circumstance supporting the death sentence overlaps with an element of the capital offense.’ Ex parte Trawiclc, 698 So.2d 162, 178 (Ala.1997); see also Coral v. State, 628 So.2d 954, 965 (Ala.Crim.App.1992).” ’ ” Billups v. State, [Ms. CR-05-1767, November 13, 2009], — So.3d -, - (Ala.Crim.App.2009), quoting Barber v. State, 952 So.2d 393, 458-59 (Ala.Crim.App.2005). | 2 | 2 |
Kidder v. Amsouth Bank, N.A.green1 sentence2016In Kidder v. AmSouth Bank, N.A., 639 So.2d 1361, 1363 (Ala.1994), a case involving similar fraud and employment-at-will issues, the plaintiff, Vicki Kidder, sued AmSouth Bank, N.A., alleging fraudulent inducement and breach of contract; the case was removed to a federal district court. | 1 | 1 |
Steele v. O'Nealgreen1 sentence2016See Steele v. O’Neal, 87 So.3d 559 (Ala.Civ.App.2011). | 1 | 1 |
PIRTEK USA, LLC v. Whiteheadgreen1 sentence2014See Pirtek USA, LLC, supra. Morris’s claim might lack merit, but the process followed in this case does not permit the claim to be dismissed under the existing circumstances. | 1 | 1 |
Billups v. Stategreen1 sentence2013This is known as “double-counting” or “overlap,” and Alabama courts “have repeatedly upheld death sentences where the only aggravating circumstance supporting the death sentence overlaps with an element of the capital offense.” Ex parte Trawick, 698 So.2d 162, 178 (Ala.1997); see also Coral v. State, 628 So.2d 954, 965 (Ala.Crim.App.1992).’” “Billups v. State, 86 So.3d 1032, 1054 (Ala.Crim.App.2009), quoting Barber v. State, 952 So.2d 393, 458-59 (Ala.Crim.App.2005). | 1 | 1 |
Duke v. Stategreen1 sentence2010In Smith v. State, [Ms. CR-97-1258, January 16, 2009] — So.3d - (Ala.Crim.App.2007) (opinion on return to forth remand), this Court stated: “We addressed this same issue in Duke v. State, 889 So.2d 1, 43 (Ala.Crim.App.2002), vacated on other grounds, 544 U.S. 901 , 125 S.Ct. 1588 , 161 L.Ed.2d 270 (2005), and stated: “‘Duke also argues that Ring [v. Arizona, 536 U.S. 584 (2002),] requires penalty-phase relief when the jury is told that its verdict is “advisory” or merely a “recommendation.” Contrary to Duke’s contention, Ring does not address the advisory nature of a jury’s sentencing recommen | 1 | 1 |
Morris v. Stategreen1 sentence1987See also Morris v. State , 456 So.2d 471 , 480 (Fla.Dist.Ct.App. 1984), decision quashed on other grounds by Morris v. State , 487 So.2d 291 (1986) ("Because the record reflects that the state attorney did not file a motion to mitigate the mandatory minimum sentence, we find no error in the trial court's refusal to conduct an evidentiary hearing on Morris's claim [that he rendered substantial assistance]."). | 1 | 1 |
Morris v. Stategreen1 sentence1987See also Morris v. State , 456 So.2d 471 , 480 (Fla.Dist.Ct.App. 1984), decision quashed on other grounds by Morris v. State , 487 So.2d 291 (1986) ("Because the record reflects that the state attorney did not file a motion to mitigate the mandatory minimum sentence, we find no error in the trial court's refusal to conduct an evidentiary hearing on Morris's claim [that he rendered substantial assistance]."). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Traffanstedt v. Humana Medical Corp.
green
2 sentences2018Although we have recognized that a trial court has broad discretion to "shape the order of trial" and to order severance or separate trials, Ex parte Humana Medical Corp. , 597 So.2d 670 , (Ala. 1992), that discretion is not unbounded. 2018Although we have recognized that a trial court has broad discretion to "shape the order of trial" and to order severance or separate trials, Ex parte Humana Medical Corp. , 597 So.2d 670 , (Ala. 1992), that discretion is not unbounded. | 2 | 2018–2018 |
Arrington v. State
green
2 sentences2016E.g., Ray v. State , 80 So.3d 965 (Ala.Crim.App.2011) ; Arrington v. State , 716 So.2d 237 , 239 (Ala.Crim.App.1997). 2016E.g., Ray v. State , 80 So.3d 965 (Ala.Crim.App.2011) ; Arrington v. State , 716 So.2d 237 , 239 (Ala.Crim.App.1997). | 2 | 2016–2016 |
Strickland v. Washington
green
2 sentences2016Although his counsel did cross-examine the State's forensics witness, Mr. Morris's counsel failed to meet the Strickland [v. Washington , 466 U.S. 668 (1984),] 'objective *1194 standard of reasonableness,' and his failure deprived Mr. Morris of a fair trial. 466 U.S. at 687 , 688 . " Mr. Morris's claim was sufficiently specific and provided a factual basis for relief. 2016Although his counsel did cross-examine the State's forensics witness, Mr. Morris's counsel failed to meet the Strickland [v. Washington , 466 U.S. 668 (1984),] 'objective *1194 standard of reasonableness,' and his failure deprived Mr. Morris of a fair trial. 466 U.S. at 687 , 688 . " Mr. Morris's claim was sufficiently specific and provided a factual basis for relief. | 2 | 2016–2016 |
Ex Parte Ingram
green
2 sentences2016By signing the State's proposed order without modification and denying Mr. Morris an evidentiary hearing, the court created the appearance of bias, prevented Mr. Morris from developing facts before an impartial decision maker, adjudicated his claims in an unreasonable manner, and violated his right to a fair postconviction review and to due process...." (Morris's brief, at p. 67.) Morris cites Ex parte Ingram , 51 So.3d 1119 (Ala.2010), and Ex parte Scott , [Ms. 1091275, March 18, 2011] ---So.3d ---- (Ala.2011), in support of his argument. 2016By signing the State's proposed order without modification and denying Mr. Morris an evidentiary hearing, the court created the appearance of bias, prevented Mr. Morris from developing facts before an impartial decision maker, adjudicated his claims in an unreasonable manner, and violated his right to a fair postconviction review and to due process...." (Morris's brief, at p. 67.) Morris cites Ex parte Ingram , 51 So.3d 1119 (Ala.2010), and Ex parte Scott , [Ms. 1091275, March 18, 2011] ---So.3d ---- (Ala.2011), in support of his argument. | 2 | 2016–2016 |
Hamm v. State
green
2 sentences2016P., which requires that an argument contain "the contentions of the appellant/petitioner with respect to the issues presented, and the reasons therefor, with citations to the cases, statutes, other authorities, and parts of the record relied on." In Franklin v. State , 23 So.3d 694 , 703 (Ala.Crim.App.2008), we stated: "It is well settled that '[r]ecitation of allegations without citation to any legal authority and without adequate recitation *1191 of the facts relied upon has been deemed a waiver of the arguments listed.' Hamm v. State , 913 So.2d 460 , 486 (Ala.Crim.App.2002). 'An appellate 2016P., which requires that an argument contain "the contentions of the appellant/petitioner with respect to the issues presented, and the reasons therefor, with citations to the cases, statutes, other authorities, and parts of the record relied on." In Franklin v. State , 23 So.3d 694 , 703 (Ala.Crim.App.2008), we stated: "It is well settled that '[r]ecitation of allegations without citation to any legal authority and without adequate recitation *1191 of the facts relied upon has been deemed a waiver of the arguments listed.' Hamm v. State , 913 So.2d 460 , 486 (Ala.Crim.App.2002). 'An appellate | 2 | 2016–2016 |
Franklin v. State
green
2 sentences2016P., which requires that an argument contain "the contentions of the appellant/petitioner with respect to the issues presented, and the reasons therefor, with citations to the cases, statutes, other authorities, and parts of the record relied on." In Franklin v. State , 23 So.3d 694 , 703 (Ala.Crim.App.2008), we stated: "It is well settled that '[r]ecitation of allegations without citation to any legal authority and without adequate recitation *1191 of the facts relied upon has been deemed a waiver of the arguments listed.' Hamm v. State , 913 So.2d 460 , 486 (Ala.Crim.App.2002). 'An appellate 2016P., which requires that an argument contain "the contentions of the appellant/petitioner with respect to the issues presented, and the reasons therefor, with citations to the cases, statutes, other authorities, and parts of the record relied on." In Franklin v. State , 23 So.3d 694 , 703 (Ala.Crim.App.2008), we stated: "It is well settled that '[r]ecitation of allegations without citation to any legal authority and without adequate recitation *1191 of the facts relied upon has been deemed a waiver of the arguments listed.' Hamm v. State , 913 So.2d 460 , 486 (Ala.Crim.App.2002). 'An appellate | 2 | 2016–2016 |
Dominique Ray v. State of Alabama.
green
2 sentences2016E.g., Ray v. State , 80 So.3d 965 (Ala.Crim.App.2011) ; Arrington v. State , 716 So.2d 237 , 239 (Ala.Crim.App.1997). 2016E.g., Ray v. State , 80 So.3d 965 (Ala.Crim.App.2011) ; Arrington v. State , 716 So.2d 237 , 239 (Ala.Crim.App.1997). | 2 | 2016–2016 |
Green Oil Co. v. Hornsby
green
1 sentence2016Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986), and Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989). | 1 | 2016–2016 |
Hammond v. City of Gadsden
green
1 sentence2016Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986), and Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989). | 1 | 2016–2016 |
Duke v. Alabama
green
1 sentence2010In Smith v. State, [Ms. CR-97-1258, January 16, 2009] — So.3d - (Ala.Crim.App.2007) (opinion on return to forth remand), this Court stated: “We addressed this same issue in Duke v. State, 889 So.2d 1, 43 (Ala.Crim.App.2002), vacated on other grounds, 544 U.S. 901 , 125 S.Ct. 1588 , 161 L.Ed.2d 270 (2005), and stated: “‘Duke also argues that Ring [v. Arizona, 536 U.S. 584 (2002),] requires penalty-phase relief when the jury is told that its verdict is “advisory” or merely a “recommendation.” Contrary to Duke’s contention, Ring does not address the advisory nature of a jury’s sentencing recommen | 1 | 2010–2010 |
Jones v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
green
2 sentences2010In Smith v. State, [Ms. CR-97-1258, January 16, 2009] — So.3d - (Ala.Crim.App.2007) (opinion on return to forth remand), this Court stated: “We addressed this same issue in Duke v. State, 889 So.2d 1, 43 (Ala.Crim.App.2002), vacated on other grounds, 544 U.S. 901 , 125 S.Ct. 1588 , 161 L.Ed.2d 270 (2005), and stated: “‘Duke also argues that Ring [v. Arizona, 536 U.S. 584 (2002),] requires penalty-phase relief when the jury is told that its verdict is “advisory” or merely a “recommendation.” Contrary to Duke’s contention, Ring does not address the advisory nature of a jury’s sentencing recommen 2010In Smith v. State, [Ms. CR-97-1258, January 16, 2009] — So.3d - (Ala.Crim.App.2007) (opinion on return to forth remand), this Court stated: “We addressed this same issue in Duke v. State, 889 So.2d 1, 43 (Ala.Crim.App.2002), vacated on other grounds, 544 U.S. 901 , 125 S.Ct. 1588 , 161 L.Ed.2d 270 (2005), and stated: “‘Duke also argues that Ring [v. Arizona, 536 U.S. 584 (2002),] requires penalty-phase relief when the jury is told that its verdict is “advisory” or merely a “recommendation.” Contrary to Duke’s contention, Ring does not address the advisory nature of a jury’s sentencing recommen | 1 | 2010–2010 |
Ring v. Arizona
green
1 sentence2010In Smith v. State, [Ms. CR-97-1258, January 16, 2009] — So.3d - (Ala.Crim.App.2007) (opinion on return to forth remand), this Court stated: “We addressed this same issue in Duke v. State, 889 So.2d 1, 43 (Ala.Crim.App.2002), vacated on other grounds, 544 U.S. 901 , 125 S.Ct. 1588 , 161 L.Ed.2d 270 (2005), and stated: “‘Duke also argues that Ring [v. Arizona, 536 U.S. 584 (2002),] requires penalty-phase relief when the jury is told that its verdict is “advisory” or merely a “recommendation.” Contrary to Duke’s contention, Ring does not address the advisory nature of a jury’s sentencing recommen | 1 | 2010–2010 |
Lewis Coleman Cowley v. Larry Stricklin, Director, Taylor Hardin Secure Medical Facility, and the Attorney General of the State of Alabama
green
1 sentence2006Cowley v. Stricklin, 929 F.2d 640 (11th Cir.1991), lends additional support to Morris's claim that the trial court's ruling resulted in a denial of his due-process rights. | 1 | 2006–2006 |
Ex Parte Maxwell
green
1 sentence2002Ex parte Maxwell , 812 So.2d 333 (Ala. 2001). 3 Morris's brief states that on December 11, 2000, she "advanced" an objection to Aronov's motion to dismiss, and the case action summary similarly lists "Pltf. | 1 | 2002–2002 |
Dueitt v. Scott Paper Co.
green
1 sentence1997This court recently decided a similar question in Dueitt v. Scott Paper Co. , 695 So.2d 40 (Ala.Civ.App. 1996). | 1 | 1997–1997 |
JEB v. Alabama Ex Rel. TB
green
2 sentences1994The United States Supreme court has extended Batson to cover gender-based strikes, saying, "[T]he Equal Protection Clause prohibits discrimination in jury selection on the basis of gender, or on the assumption that an individual will be biased in a particular case for no reason other than the fact that the person happens to be a woman or happens to be a man." J.E.B. v. Alabama , ___ U.S. ___, 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994). 1994The United States Supreme court has extended Batson to cover gender-based strikes, saying, "[T]he Equal Protection Clause prohibits discrimination in jury selection on the basis of gender, or on the assumption that an individual will be biased in a particular case for no reason other than the fact that the person happens to be a woman or happens to be a man." J.E.B. v. Alabama , ___ U.S. ___, 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994). | 1 | 1994–1994 |
State v. Suarez
green
1 sentence1987State v. Suarez , 510 So.2d 643 (Fla.Dist.Ct.App. 1987), involved a plea of nolo contendere to trafficking in cocaine with the understanding that a substantial assistance agreement had been worked out with the State. | 1 | 1987–1987 |
Lester v. Jacobs
green
2 sentences1925We have examined the record, and hold that the debt, the foundation of the Gorman judgment, was that of the wife and the husband, and that she was liable to its payment under the authorities (Smith v. Rothschild & Co., 212 Ala. 276 , 102 So. 206 ; Lester v. Jacobs, 212 Ala. 614 , 103 So. 682 ). and was not suretyship in contravention of the statute (section 4497 of the Code of 1907). 1925We have examined the record, and hold that the debt, the foundation of the Gorman judgment, was that of the wife and the husband, and that she was liable to its payment under the authorities (Smith v. Rothschild & Co., 212 Ala. 276 , 102 So. 206 ; Lester v. Jacobs, 212 Ala. 614 , 103 So. 682 ). and was not suretyship in contravention of the statute (section 4497 of the Code of 1907). | 1 | 1925–1925 |
Smith v. D. Rothschild Co.
neutral
2 sentences1925We have examined the record, and hold that the debt, the foundation of the Gorman judgment, was that of the wife and the husband, and that she was liable to its payment under the authorities (Smith v. Rothschild & Co., 212 Ala. 276 , 102 So. 206 ; Lester v. Jacobs, 212 Ala. 614 , 103 So. 682 ). and was not suretyship in contravention of the statute (section 4497 of the Code of 1907). 1925We have examined the record, and hold that the debt, the foundation of the Gorman judgment, was that of the wife and the husband, and that she was liable to its payment under the authorities (Smith v. Rothschild & Co., 212 Ala. 276 , 102 So. 206 ; Lester v. Jacobs, 212 Ala. 614 , 103 So. 682 ). and was not suretyship in contravention of the statute (section 4497 of the Code of 1907). | 1 | 1925–1925 |
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.