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14 Alabama opinions name it 2 courts 1977–2025 1 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 |
|---|---|---|
Gurley v. Stategreen2 sentences2015Gurley v. State, 639 So.2d 557, 560-61 (Ala.Cr.App.1993).” 659 So.2d at 957-58 . 2005Gurley v. State, 639 So.2d 557, 560-61 (Ala.Cr.App.1993)." Hunt, 659 So.2d at 958. | 4 | 5 |
Pilley v. Stategreen2 sentences2025Pilley v. State, 930 So. 2d 550, 562 (Ala. Crim. 2011See Ex parte Mills, 62 So.3d 574, 583 (Ala.2010) (lesser-included-offense instruction based on intoxication was inconsistent with the appellant’s claim of innocence); Pilley, 930 So.2d at 563 (holding that an intoxication instruction was inconsistent with the appellant’s theory of complete innocence); Hunt, 659 So.2d at 958 (“Where, as in this case, an intoxication instruction would conflict with defense strategy, there is no plain error in the trial court’s failure to give such an instruction.”). | 3 | 3 |
Connally v. Stategreen2 sentences2016As this Court has stated: ‘[The appel lant] failed to allege how much he had to drink the night of the crime, how long before the crime he had been drinking, or any fact indicating that his alleged intoxication amounted to insanity.’ Connolly v. State, 33 So.3d 618, 623 (Ala.Crim.App.2007). “ ‘[The appellant] failed to plead sufficient facts to indicate that voluntary intoxication would have been a viable defense or that he would have been entitled to a jury instructions on voluntary intoxication ...; thus, he failed to plead sufficient facts indicating that his trial counsel were ineffective 2015As this Court has stated: “[The appellant] failed to allege how much he had to drink the night of the crime, how long before the crime he had been drinking, or any fact indicating that his alleged intoxication amounted to insanity.” Connally v. State, 33 So.3d 618, 623 (Ala.Crim.App.2007). “[The appellant] failed to plead sufficient facts to indicate that voluntary intoxication would have been a viable defense or that he would have been entitled to a jury instructions on voluntary intoxication ...; thus, he failed to plead sufficient facts indicating that his trial counsel were ineffective in | 2 | 2 |
Mashburn v. Stategreen2 sentences2016As this Court has stated: ‘[The appel lant] failed to allege how much he had to drink the night of the crime, how long before the crime he had been drinking, or any fact indicating that his alleged intoxication amounted to insanity.’ Connolly v. State, 33 So.3d 618, 623 (Ala.Crim.App.2007). “ ‘[The appellant] failed to plead sufficient facts to indicate that voluntary intoxication would have been a viable defense or that he would have been entitled to a jury instructions on voluntary intoxication ...; thus, he failed to plead sufficient facts indicating that his trial counsel were ineffective 2015As this Court has stated: “[The appellant] failed to allege how much he had to drink the night of the crime, how long before the crime he had been drinking, or any fact indicating that his alleged intoxication amounted to insanity.” Connally v. State, 33 So.3d 618, 623 (Ala.Crim.App.2007). “[The appellant] failed to plead sufficient facts to indicate that voluntary intoxication would have been a viable defense or that he would have been entitled to a jury instructions on voluntary intoxication ...; thus, he failed to plead sufficient facts indicating that his trial counsel were ineffective in | 2 | 2 |
Hunt v. Stategreen2 sentences2015Gurley v. State, 639 So.2d 557, 560-61 (Ala.Cr.App.1993).” 659 So.2d at 957-58 . 2005Gurley v. State, 639 So.2d 557, 560-61 (Ala.Cr.App.1993)." Hunt, 659 So.2d at 958. | 1 | 2 |
Dunning v. Stategreen2 sentences2011See Ex parte Mills, 62 So.3d 574, 583 (Ala.2010) (lesser-included-offense instruction based on intoxication was inconsistent with the appellant’s claim of innocence); Pilley, 930 So.2d at 563 (holding that an intoxication instruction was inconsistent with the appellant’s theory of complete innocence); Hunt, 659 So.2d at 958 (“Where, as in this case, an intoxication instruction would conflict with defense strategy, there is no plain error in the trial court’s failure to give such an instruction.”). 2011See Ex parte Mills, 62 So.3d 574, 583 (Ala.2010) (lesser-included-offense instruction based on intoxication was inconsistent with the appellant’s claim of innocence); Pilley, 930 So.2d at 563 (holding that an intoxication instruction was inconsistent with the appellant’s theory of complete innocence); Hunt, 659 So.2d at 958 (“Where, as in this case, an intoxication instruction would conflict with defense strategy, there is no plain error in the trial court’s failure to give such an instruction.”). | 1 | 1 |
Ex Parte Millsgreen2 sentences2011See Ex parte Mills, 62 So.3d 574, 583 (Ala.2010) (lesser-included-offense instruction based on intoxication was inconsistent with the appellant’s claim of innocence); Pilley, 930 So.2d at 563 (holding that an intoxication instruction was inconsistent with the appellant’s theory of complete innocence); Hunt, 659 So.2d at 958 (“Where, as in this case, an intoxication instruction would conflict with defense strategy, there is no plain error in the trial court’s failure to give such an instruction.”). 2011See Ex parte Mills, 62 So.3d 574, 583 (Ala.2010) (lesser-included-offense instruction based on intoxication was inconsistent with the appellant’s claim of innocence); Pilley, 930 So.2d at 563 (holding that an intoxication instruction was inconsistent with the appellant’s theory of complete innocence); Hunt, 659 So.2d at 958 (“Where, as in this case, an intoxication instruction would conflict with defense strategy, there is no plain error in the trial court’s failure to give such an instruction.”). | 1 | 1 |
People v. Tannergreen2 sentences1986One court has found that an intoxication instruction was not misleading where it addressed the issue of diminished capacity as "`abnormal mental or physical condition' and `[t]he jury had no way of knowing that voluntary intoxication was to be considered' such a condition." People v. Tanner, 95 Cal.App.3d 948 , 157 Cal.Rptr. 465, 472 (1979). 1986One court has found that an intoxication instruction was not misleading where it addressed the issue of diminished capacity as "`abnormal mental or physical condition' and `[t]he jury had no way of knowing that voluntary intoxication was to be considered' such a condition." People v. Tanner, 95 Cal.App.3d 948 , 157 Cal.Rptr. 465, 472 (1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rosario-Dominguez v. United States
green
1 sentence2005Here, an intoxication instruction would have been inconsistent with counsel's defense strategy. "[T]he mere existence of a potential alternative defense theory is not enough to establish ineffective assistance based on counsel's failure to present that theory." Rosario-Dominguez v. United States, 353 F.Supp.2d at 513 . | 1 | 2005–2005 |
Smith v. Murray
green
1 sentence2005In fact, the `process *Page 501 of "winnowing out weaker arguments on appeal and focusing on those more likely to prevail, far from being evidence of incompetence, is the hallmark of effective appellate advocacy."' Smith v. Murray , 477 U.S. 527 , 536 (1986), citing Jones v. Barnes , 463 U.S. 745 , 751-52 (1983). . . ." (C.R. 34-35.) A. Specifically, Brooks argues that Vinson should have argued that trial counsel was ineffective for failing to pursue an intoxication defense. | 1 | 2005–2005 |
Jones v. Barnes
green
1 sentence2005In fact, the `process *Page 501 of "winnowing out weaker arguments on appeal and focusing on those more likely to prevail, far from being evidence of incompetence, is the hallmark of effective appellate advocacy."' Smith v. Murray , 477 U.S. 527 , 536 (1986), citing Jones v. Barnes , 463 U.S. 745 , 751-52 (1983). . . ." (C.R. 34-35.) A. Specifically, Brooks argues that Vinson should have argued that trial counsel was ineffective for failing to pursue an intoxication defense. | 1 | 2005–2005 |
Lynn v. Alabama
green
2 sentences1993Trial counsel testified that he felt that the defense asked the jury to believe the intoxication defense and the evidence did not support it, the defense would have lost credibility with the jury. "[I]f an attorney is aware of a line of defense and makes a conscious decision to reject it, rather than failing to raise it simply because he was unaware that it existed, it is more likely that *Page 42 the failure to raise the defense was reasonable." Gates v. Zant , 863 F.2d 1492 , 1498 (11th Cir.), cert. denied, 493 U.S. 945 , 110 S.Ct. 353 , 107 L.Ed.2d 340 (1989). 1993Trial counsel testified that he felt that the defense asked the jury to believe the intoxication defense and the evidence did not support it, the defense would have lost credibility with the jury. "[I]f an attorney is aware of a line of defense and makes a conscious decision to reject it, rather than failing to raise it simply because he was unaware that it existed, it is more likely that *Page 42 the failure to raise the defense was reasonable." Gates v. Zant , 863 F.2d 1492 , 1498 (11th Cir.), cert. denied, 493 U.S. 945 , 110 S.Ct. 353 , 107 L.Ed.2d 340 (1989). | 1 | 1993–1993 |
Johnny Lee Gates v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Respondent
green
2 sentences1993Trial counsel testified that he felt that the defense asked the jury to believe the intoxication defense and the evidence did not support it, the defense would have lost credibility with the jury. "[I]f an attorney is aware of a line of defense and makes a conscious decision to reject it, rather than failing to raise it simply because he was unaware that it existed, it is more likely that *Page 42 the failure to raise the defense was reasonable." Gates v. Zant , 863 F.2d 1492 , 1498 (11th Cir.), cert. denied, 493 U.S. 945 , 110 S.Ct. 353 , 107 L.Ed.2d 340 (1989). 1993Trial counsel testified that he felt that the defense asked the jury to believe the intoxication defense and the evidence did not support it, the defense would have lost credibility with the jury. "[I]f an attorney is aware of a line of defense and makes a conscious decision to reject it, rather than failing to raise it simply because he was unaware that it existed, it is more likely that *Page 42 the failure to raise the defense was reasonable." Gates v. Zant , 863 F.2d 1492 , 1498 (11th Cir.), cert. denied, 493 U.S. 945 , 110 S.Ct. 353 , 107 L.Ed.2d 340 (1989). | 1 | 1993–1993 |
Commercial Security Co. v. Donnald Drug Co.
green
2 sentences1993Trial counsel testified that he felt that the defense asked the jury to believe the intoxication defense and the evidence did not support it, the defense would have lost credibility with the jury. "[I]f an attorney is aware of a line of defense and makes a conscious decision to reject it, rather than failing to raise it simply because he was unaware that it existed, it is more likely that *Page 42 the failure to raise the defense was reasonable." Gates v. Zant , 863 F.2d 1492 , 1498 (11th Cir.), cert. denied, 493 U.S. 945 , 110 S.Ct. 353 , 107 L.Ed.2d 340 (1989). 1993Trial counsel testified that he felt that the defense asked the jury to believe the intoxication defense and the evidence did not support it, the defense would have lost credibility with the jury. "[I]f an attorney is aware of a line of defense and makes a conscious decision to reject it, rather than failing to raise it simply because he was unaware that it existed, it is more likely that *Page 42 the failure to raise the defense was reasonable." Gates v. Zant , 863 F.2d 1492 , 1498 (11th Cir.), cert. denied, 493 U.S. 945 , 110 S.Ct. 353 , 107 L.Ed.2d 340 (1989). | 1 | 1993–1993 |
Granberry v. State
green
1 sentence1986It was "not calculated to produce in the minds of the jury any confusion in respect to the different issues ... [and it] correctly stated the law and should have been given." Moran v. State, 34 Ala.App. 238, 240 , 39 So.2d 419 (1949), quoting Granberry, supra, 182 Ala. at 6 , 62 So.2d at 54. | 1 | 1986–1986 |
Moran v. State
green
2 sentences1986It was "not calculated to produce in the minds of the jury any confusion in respect to the different issues ... [and it] correctly stated the law and should have been given." Moran v. State, 34 Ala.App. 238, 240 , 39 So.2d 419 (1949), quoting Granberry, supra, 182 Ala. at 6 , 62 So.2d at 54. 1986It was "not calculated to produce in the minds of the jury any confusion in respect to the different issues ... [and it] correctly stated the law and should have been given." Moran v. State, 34 Ala.App. 238, 240 , 39 So.2d 419 (1949), quoting Granberry, supra, 182 Ala. at 6 , 62 So.2d at 54. | 1 | 1986–1986 |
Patton v. City of Decatur
green
1 sentence1982The car had stopped in front of a house from which a man appeared and told the officer that somebody had just gotten out of the car “and pointed him out down the street walking away from the car.” Thereupon, the officer drove to the man and identified him as Odell Tankersley, who said that “he didn’t know that he had hit somebody,” that he had been drinking that morning and “that he did not have a driver’s license.” The only contention made in appellant’s brief for a reversal is the following: “The reviewing judge committed reversible error in allowing the test results of an intoxication test | 1 | 1982–1982 |
Wright v. State
green
1 sentence1982The car had stopped in front of a house from which a man appeared and told the officer that somebody had just gotten out of the car “and pointed him out down the street walking away from the car.” Thereupon, the officer drove to the man and identified him as Odell Tankersley, who said that “he didn’t know that he had hit somebody,” that he had been drinking that morning and “that he did not have a driver’s license.” The only contention made in appellant’s brief for a reversal is the following: “The reviewing judge committed reversible error in allowing the test results of an intoxication test | 1 | 1982–1982 |
Pugh v. State
neutral
1 sentence1982The car had stopped in front of a house from which a man appeared and told the officer that somebody had just gotten out of the car “and pointed him out down the street walking away from the car.” Thereupon, the officer drove to the man and identified him as Odell Tankersley, who said that “he didn’t know that he had hit somebody,” that he had been drinking that morning and “that he did not have a driver’s license.” The only contention made in appellant’s brief for a reversal is the following: “The reviewing judge committed reversible error in allowing the test results of an intoxication test | 1 | 1982–1982 |
Weaver v. City of Birmingham
green
1 sentence1982The car had stopped in front of a house from which a man appeared and told the officer that somebody had just gotten out of the car “and pointed him out down the street walking away from the car.” Thereupon, the officer drove to the man and identified him as Odell Tankersley, who said that “he didn’t know that he had hit somebody,” that he had been drinking that morning and “that he did not have a driver’s license.” The only contention made in appellant’s brief for a reversal is the following: “The reviewing judge committed reversible error in allowing the test results of an intoxication test | 1 | 1982–1982 |
Woosley v. Central Uniform Rental
green
1 sentence1977Relying on Woosley v. Central Uniform Rental , 463 S.W.2d 345 (Ky.App. 1971), petitioner urges that the intoxication defense should be allowed if the intoxication in some way contributes to the occurrence of the accident, which is the rule reflected in petitioner's refused charge. | 1 | 1977–1977 |
Queen City Furniture Company v. Hinds
green
2 sentences1977Queen City Furniture Co. v. Hinds , 274 Ala. 584 , 150 So.2d 756 (1963). 1977Queen City Furniture Co. v. Hinds , 274 Ala. 584 , 150 So.2d 756 (1963). | 1 | 1977–1977 |
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.