14 Alabama opinions name it 3 courts 1975–2002 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 |
|---|---|---|
Coral v. Stategreen1 sentence2000Coral v. State, 628 So.2d 954, 986 (Ala.Cr.App.1992), aff'd, 628 So.2d 1004 (Ala.1993), cert. denied, 511 U.S. 1012 , 114 S.Ct. 1387 , 128 L.Ed.2d 61 (1994). | 1 | 1 |
Ex Parte Moodygreen1 sentence1998The third motion, filed on October 10, 1996, stated that the appellant’s counsel could not “adequately investigate this matter without the assistance of a qualified arson expert” and that “the State, in the prosecution of this matter, will be relying upon the expert testimony of their own arson investigator.” In Ex parte Moody, 684 So.2d 114, 119 (Ala.1996), the Alabama Supreme Court stated that, to demonstrate that he or she is entitled to expert assistance at public expense, an indigent defendant “must show, with reasonable specificity, that the expert is absolutely necessary to answer a sub | 1 | 1 |
Ex Parte Stategreen2 sentences1996The motion for continuance was denied on May 29, 1992 . 1996The motion for continuance was denied on May 29, 1992 . | 1 | 1 |
Bui v. Stategreen1 sentence1994This Court noted that "[t]he manner in which the act was planned, executed, or concealed may indicate such a consciousness of guilt and awareness of criminality that the question of sanity was for the jury even though all the expert defense testimony indicated that the defendant was insane." Id. at 1103. | 1 | 1 |
Ake v. Oklahomagreen2 sentences1989The appellant further alleges that the trial court's failure to appoint Dr. King as an expert was a violation of Ake v. Oklahoma, 470 U.S. 68 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985). 1989The appellant further alleges that the trial court's failure to appoint Dr. King as an expert was a violation of Ake v. Oklahoma, 470 U.S. 68 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985). | 1 | 1 |
Drs. Lane, Bryant, Eubanks & Dulaney v. Ottsgreen2 sentences1987Lane, Bryant, Eubanks & Dulaney v. Otts, 412 So.2d 254, 259 (Ala.1982): "A treatise, essay, or pamphlet on a subject of science which is testified to by *1266 an expert as being standard and trustworthy on the subject is admissible." The record reveals compliance with this requirement by Dr. Abramson: "Q. 1987Lane, Bryant, Eubanks Dulaney v. Otts , 412 So.2d 254 , 259 (Ala. 1982): "A treatise, essay, or pamphlet on a subject of science which is testified to by *Page 1266 an expert as being standard and trustworthy on the subject is admissible." The record reveals compliance with this requirement by Dr. Abramson: "Q. | 1 | 1 |
City of Dothan v. Hardygreen2 sentences1981See City of Dothan v. Hardy , 237 Ala. 603 , 188 So. 264 (1939). 1981See City of Dothan v. Hardy , 237 Ala. 603 , 188 So. 264 (1939). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Boyle v. State
green
2 sentences1996Boyle [v. State ], 229 Ala. [212] at 224, 154 So. 575 [(1934) ]. 1996Boyle [v. State ], 229 Ala. [212] at 224, 154 So. 575 [ (1934) ]." 723 So.2d at 701 (quoting Cunningham, 426 So.2d at 490 ). | 2 | 1982–1996 |
Walker v. Southeast Alabama Med. Ctr.
green
1 sentence2002The supreme court concluded that the circumstances presented in Walker fell within the limited exception to the expert rule: "The breach of care alleged by the Walkersthat the bedrail was left in the down position contrary to the orders of Mrs. Walker's doctoris so apparent as to be understood by a layman." Walker, 545 So.2d at 771 . | 1 | 2002–2002 |
Ex Parte Coral
green
1 sentence2000Coral v. State, 628 So.2d 954, 986 (Ala.Cr.App.1992), aff'd, 628 So.2d 1004 (Ala.1993), cert. denied, 511 U.S. 1012 , 114 S.Ct. 1387 , 128 L.Ed.2d 61 (1994). | 1 | 2000–2000 |
Martin v. Omega Medical Center Associates
green
1 sentence2000Coral v. State, 628 So.2d 954, 986 (Ala.Cr.App.1992), aff'd, 628 So.2d 1004 (Ala.1993), cert. denied, 511 U.S. 1012 , 114 S.Ct. 1387 , 128 L.Ed.2d 61 (1994). | 1 | 2000–2000 |
Hoffman v. Idaho
green
1 sentence2000Coral v. State, 628 So.2d 954, 986 (Ala.Cr.App.1992), aff'd, 628 So.2d 1004 (Ala.1993), cert. denied, 511 U.S. 1012 , 114 S.Ct. 1387 , 128 L.Ed.2d 61 (1994). | 1 | 2000–2000 |
Janezic v. State
green
1 sentence1996Boyle [v. State ], 229 Ala. [212] at 224, 154 So. 575 [ (1934) ]." 723 So.2d at 701 (quoting Cunningham, 426 So.2d at 490 ). | 1 | 1996–1996 |
Cunningham v. State
green
1 sentence1996Boyle [v. State ], 229 Ala. [212] at 224, 154 So. 575 [ (1934) ]." 723 So.2d at 701 (quoting Cunningham, 426 So.2d at 490 ). | 1 | 1996–1996 |
Gullatt v. State
green
1 sentence1982Kozlowski v. State, 248 Ala. 304 , 27 So.2d 818 (1946); Davis v. State, Ala.Cr.App., 352 So.2d 3 , cert. denied, 352 So.2d 8 (1977); Gullatt v. State, Ala.Cr.App., 409 So.2d 466 (1982). | 1 | 1982–1982 |
Ex Parte Davis
green
1 sentence1982Kozlowski v. State, 248 Ala. 304 , 27 So.2d 818 (1946); Davis v. State, Ala.Cr.App., 352 So.2d 3 , cert. denied, 352 So.2d 8 (1977); Gullatt v. State, Ala.Cr.App., 409 So.2d 466 (1982). | 1 | 1982–1982 |
Davis v. State
green
1 sentence1982Kozlowski v. State, 248 Ala. 304 , 27 So.2d 818 (1946); Davis v. State, Ala.Cr.App., 352 So.2d 3 , cert. denied, 352 So.2d 8 (1977); Gullatt v. State, Ala.Cr.App., 409 So.2d 466 (1982). | 1 | 1982–1982 |
Meadows v. Coca-Cola Bottling, Inc.
green
2 sentences1982Meadows v. Coca-Cola Bottling, Inc., Ala., 392 So.2d 825 (1981). 1982Meadows v. Coca-Cola Bottling, Inc. , Ala., 392 So.2d 825 (1981). | 1 | 1982–1982 |
Kozlowski v. State
green
2 sentences1982Kozlowski v. State, 248 Ala. 304 , 27 So.2d 818 (1946); Davis v. State, Ala.Cr.App., 352 So.2d 3 , cert. denied, 352 So.2d 8 (1977); Gullatt v. State, Ala.Cr.App., 409 So.2d 466 (1982). 1982Kozlowski v. State, 248 Ala. 304 , 27 So.2d 818 (1946); Davis v. State, Ala.Cr.App., 352 So.2d 3 , cert. denied, 352 So.2d 8 (1977); Gullatt v. State, Ala.Cr.App., 409 So.2d 466 (1982). | 1 | 1982–1982 |
Baswell v. Wilks
green
2 sentences1981Baswell v. Wilks , 57 Ala. App. 98 , 326 So.2d 292 (1976). 1981Baswell v. Wilks , 57 Ala. App. 98 , 326 So.2d 292 (1976). | 1 | 1981–1981 |
Smarr v. State
green
2 sentences1979Smarr v. State, 260 Ala. 30 , 68 So.2d 6 (1953); Gamble, McElroy’s Alabama Evidence, § 258.01 (3d ed. 1977). 1979Smarr v. State, 260 Ala. 30 , 68 So.2d 6 (1953); Gamble, McElroy’s Alabama Evidence, § 258.01 (3d ed. 1977). | 1 | 1979–1979 |
McDade v. State
neutral
2 sentences1975We quote from the case of McDade v. State, 10 Ala.App. 241 , 64 So. 519 , as follows : “The witness was giving his opinion as an expert, or one having knowledge of such matters, and the court should permit all reasonable latitude to the cross-examination of such a witness for the purpose of testing the means and accuracy of his knowledge.” The competence of a witness to qualify as an expert is an inquiry addressed to the sound discretion of the trial court. 1975We quote from the case of McDade v. State, 10 Ala.App. 241 , 64 So. 519 , as follows : “The witness was giving his opinion as an expert, or one having knowledge of such matters, and the court should permit all reasonable latitude to the cross-examination of such a witness for the purpose of testing the means and accuracy of his knowledge.” The competence of a witness to qualify as an expert is an inquiry addressed to the sound discretion of the trial court. | 1 | 1975–1975 |
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.