manifest error in Alabama

14 Alabama opinions name it 2 courts 1850–2002 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.

Followed or applied (6)

Case	Followed	Cited
Thomas v. Stategreen alacrimapp · 1988 · cited in 3 Alabama opinions naming this issue, 1994–2002 2 sentences 2002See also Thomas v. State, 539 So.2d 375, 394 (Ala.Cr. 1997See also Thomas v. State, 539 So.2d 375, 394 (Ala.Cr.App.) (`[a]t the beginning of voir dire, every member of the venire stated he or she had read or heard about this case'), affirmed, 539 So.2d 399 (Ala.1988), cert. denied, 491 U.S. 910 , 109 S.Ct. 3201 , 105 L.Ed.2d 709 (1989).	3	3
Ex Parte Thomasgreen ala · 1988 · cited in 2 Alabama opinions naming this issue, 1994–1997 2 sentences 1997See also Thomas v. State, 539 So.2d 375, 394 (Ala.Cr.App.) (`[a]t the beginning of voir dire, every member of the venire stated he or she had read or heard about this case'), affirmed, 539 So.2d 399 (Ala.1988), cert. denied, 491 U.S. 910 , 109 S.Ct. 3201 , 105 L.Ed.2d 709 (1989). 1994See also Thomas v. State , 539 So.2d 375 , 394 (Ala.Cr.App.) ("[a]t the beginning of voir dire, every member of the venire stated he or she had read or heard about this case"), affirmed, 539 So.2d 399 (Ala. 1988), cert. denied, 491 U.S. 910 , 109 S.Ct. 3201 , 105 L.Ed.2d 709 (1989).	2	2
Credit Bureau Services-New Orleans v. Hydegreen scotus · 1989 · cited in 2 Alabama opinions naming this issue, 1994–1997 2 sentences 1997See also Thomas v. State, 539 So.2d 375, 394 (Ala.Cr.App.) (`[a]t the beginning of voir dire, every member of the venire stated he or she had read or heard about this case'), affirmed, 539 So.2d 399 (Ala.1988), cert. denied, 491 U.S. 910 , 109 S.Ct. 3201 , 105 L.Ed.2d 709 (1989). 1994See also Thomas v. State , 539 So.2d 375 , 394 (Ala.Cr.App.) ("[a]t the beginning of voir dire, every member of the venire stated he or she had read or heard about this case"), affirmed, 539 So.2d 399 (Ala. 1988), cert. denied, 491 U.S. 910 , 109 S.Ct. 3201 , 105 L.Ed.2d 709 (1989).	2	2
Ex Parte Graysongreen ala · 1985 · cited in 5 Alabama opinions naming this issue, 1994–2000 2 sentences 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985). 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985).	1	5
Boyd v. Stategreen alacrimapp · 1997 · cited in 3 Alabama opinions naming this issue, 1999–2000 2 sentences 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985). 1999Irvin v. Dowd , 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson , 479 So.2d at 80 .' " Oryang v. State , 642 So.2d at 993-94 ." Boyd v. State , 715 So.2d 825 , 848 (Ala.Cr.App. 1997). "`Newspaper articles or widespread publicity, without more, are insufficient to grant a motion for change of venue.'" Harris v. State , 632 So.2d 503 , 517-18 (Ala.Cr.App. 1992), quoting Ex parte Grayson , 479 So.2d 76 , 80 (Ala.Cr.App. 1985), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985).	1	3
Harris v. Stategreen alacrimapp · 1992 · cited in 2 Alabama opinions naming this issue, 1999–2000 2 sentences 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985). 1999Irvin v. Dowd , 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson , 479 So.2d at 80 .' " Oryang v. State , 642 So.2d at 993-94 ." Boyd v. State , 715 So.2d 825 , 848 (Ala.Cr.App. 1997). "`Newspaper articles or widespread publicity, without more, are insufficient to grant a motion for change of venue.'" Harris v. State , 632 So.2d 503 , 517-18 (Ala.Cr.App. 1992), quoting Ex parte Grayson , 479 So.2d 76 , 80 (Ala.Cr.App. 1985), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985).	1	2

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 (12)

Case	Cited	Years
Oryang v. State green alacrimapp · 1993 2 sentences 2002We find no abuse of discretion by the trial court or manifest error in his finding of impartiality." "` Oryang v. State, 642 So.2d 979 (Ala. Cr.App.1993) (every member of venire indicated that they had been exposed to pretrial publicity). 1999We find no abuse of discretion by the trial court or manifest error in his finding of impartiality.' " Oryang v. State, 642 So.2d 979 (Ala.Cr.	7	1994–2002
Irvin v. Dowd green scotus · 1961 2 sentences 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985). 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985).	5	1994–2000
Ex Parte Kuenzel green ala · 1991 2 sentences 2000Because the appellant has failed to show that the pre-trial publicity in this case was "inherently prejudicial," Holladay v. State, [ 549 So.2d 122 (Ala.Cr.App.1988) ], or "presumptively prejudicial," Kuenzel v. State, 577 So.2d 474 (Ala.Cr.App.1990), affirmed, 577 So.2d 531 (Ala.1991), and the appellant has also failed to show that there was actual juror prejudice, we find no abuse of discretion by the trial court or manifest error in his finding of impartiality and his denial of the appellant's motion for change of venue. 1999Because the appellant has failed to show that the pre-trial publicity in this case was "inherently prejudicial," Holladay v. State , [ 549 So.2d 122 (Ala.Cr.App. 1988)], or "presumptively prejudicial," Kuenzel v. State , 577 So.2d 474 (Ala.Cr.App. 1990), affirmed, 577 So.2d 531 (Ala. 1991), and the appellant has also failed to show that there was actual juror prejudice, we find no abuse of discretion by the trial court or manifest error in his finding of impartiality and his denial of the appellant's motion for change of venue.	5	1994–2000
Kuenzel v. State green alacrimapp · 1990 2 sentences 2000Because the appellant has failed to show that the pre-trial publicity in this case was "inherently prejudicial," Holladay v. State, [ 549 So.2d 122 (Ala.Cr.App.1988) ], or "presumptively prejudicial," Kuenzel v. State, 577 So.2d 474 (Ala.Cr.App.1990), affirmed, 577 So.2d 531 (Ala.1991), and the appellant has also failed to show that there was actual juror prejudice, we find no abuse of discretion by the trial court or manifest error in his finding of impartiality and his denial of the appellant's motion for change of venue. 1999Because the appellant has failed to show that the pre-trial publicity in this case was "inherently prejudicial," Holladay v. State , [ 549 So.2d 122 (Ala.Cr.App. 1988)], or "presumptively prejudicial," Kuenzel v. State , 577 So.2d 474 (Ala.Cr.App. 1990), affirmed, 577 So.2d 531 (Ala. 1991), and the appellant has also failed to show that there was actual juror prejudice, we find no abuse of discretion by the trial court or manifest error in his finding of impartiality and his denial of the appellant's motion for change of venue.	5	1994–2000
Holladay v. State green alacrimapp · 1988 2 sentences 2000Because the appellant has failed to show that the pre-trial publicity in this case was "inherently prejudicial," Holladay v. State, [ 549 So.2d 122 (Ala.Cr.App.1988) ], or "presumptively prejudicial," Kuenzel v. State, 577 So.2d 474 (Ala.Cr.App.1990), affirmed, 577 So.2d 531 (Ala.1991), and the appellant has also failed to show that there was actual juror prejudice, we find no abuse of discretion by the trial court or manifest error in his finding of impartiality and his denial of the appellant's motion for change of venue. 1999Because the appellant has failed to show that the pre-trial publicity in this case was "inherently prejudicial," Holladay v. State , [ 549 So.2d 122 (Ala.Cr.App. 1988)], or "presumptively prejudicial," Kuenzel v. State , 577 So.2d 474 (Ala.Cr.App. 1990), affirmed, 577 So.2d 531 (Ala. 1991), and the appellant has also failed to show that there was actual juror prejudice, we find no abuse of discretion by the trial court or manifest error in his finding of impartiality and his denial of the appellant's motion for change of venue.	4	1997–2000
Del Monte Corp. v. Blau green scotus · 1985 2 sentences 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985). 1999Irvin v. Dowd , 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson , 479 So.2d at 80 .' " Oryang v. State , 642 So.2d at 993-94 ." Boyd v. State , 715 So.2d 825 , 848 (Ala.Cr.App. 1997). "`Newspaper articles or widespread publicity, without more, are insufficient to grant a motion for change of venue.'" Harris v. State , 632 So.2d 503 , 517-18 (Ala.Cr.App. 1992), quoting Ex parte Grayson , 479 So.2d 76 , 80 (Ala.Cr.App. 1985), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985).	2	1999–2000
Ex Parte Harris green ala · 1993 1 sentence 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985).	1	2000–2000
Harris v. Alabama green scotus · 1995 2 sentences 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985). 2000Irvin v. Dowd, 366 U.S. at 724 , 81 S.Ct. at 1643 ; Ex parte Grayson, 479 So.2d at 80 .' " Oryang v. State, 642 So.2d at 993-94 ." 715 So.2d at 848 . "`Newspaper articles or widespread publicity, without more, [is] insufficient to grant a motion for change of venue.'" Harris v. State, 632 So.2d 503, 517-18 (Ala.Cr.App.1992), aff'd, 632 So.2d 543 (Ala.1993), aff'd, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), quoting Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. denied, 474 U.S. 865 , 106 S.Ct. 189 , 88 L.Ed.2d 157 (1985).	1	2000–2000
Johnson v. Virginia green scotus · 1963 2 sentences 1965Johnson v. State of Virginia, 373 U.S. 61 , 83 S.Ct. 1053 , 10 L.Ed.2d 195 . 1965Johnson v. State of Virginia, 373 U.S. 61 , 83 S.Ct. 1053 , 10 L.Ed.2d 195 .	1	1965–1965
Ex parte Steverson neutral ala · 1912 2 sentences 1916The judgment will therefore be affirmed, and a remit-titur duly entered in the sum above specified.” In Ex parte Steverson, 177 Ala. 384, 389 , 58 South. 992, 993 , a case for damages for the creation of a nuisance, the act of 1917 (Acts 1911, p. 587) providing for remittitur in the Supreme Court or the Court of Appeals, because the judgment of the lower court is excessive, and there is no other ground of reversal, upon notice to and consent of appellee, was considered. 1916The judgment will therefore be affirmed, and a remit-titur duly entered in the sum above specified.” In Ex parte Steverson, 177 Ala. 384, 389 , 58 South. 992, 993 , a case for damages for the creation of a nuisance, the act of 1917 (Acts 1911, p. 587) providing for remittitur in the Supreme Court or the Court of Appeals, because the judgment of the lower court is excessive, and there is no other ground of reversal, upon notice to and consent of appellee, was considered.	1	1916–1916
Singleton, Hunt & Co. v. Thomas green ala · 1882 1 sentence 1915This was manifest error, for the previous giving of such authority to Kennedy & Clark was not competent evidence to show that the defendants gave a similar authority to Kennedy Bros, when the four horses were sold to them. — Singleton v. Thomas, 73 Ala. 205 .	1	1915–1915
Berry v. Hardman green ala · 1847 1 sentence 1850It is well settled that in a controversy between a creditor and one who claims to be a purchaser from his debtor, to subject the property of the latter to the payment of his debt, the purchaser must show a valuable consideration for his purchase, and that this cannot be done by the admissions of the debtor, either in the form of recitals in the conveyance, or by parol declarations or admissions, if the debt of the attaching creditor existed at the time of the purchase. — Berry use, &c. v. Hardman, 12 Ala. 604 ; Falkner v. Leath & Jones, 15 ib. 9; 3 Phil.	1	1850–1850

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (6) AL § Ala. Code § 13A-5-49 (5) AL § Ala. Code § 13A-5-53 (5) AL § Ala. Code § 13A-5-45 (4) AL § Ala. Code § 13A-5-47 (4) AL § Ala. Code § 13A-1-9 (3) AL § Ala. Code § 13A-5-46 (3)

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

LA 5746 (1912–2026) WA 475 (1920–2026) IL 309 (1886–2026) MS 291 (1914–2026) VA 42 (1885–2026) RI 37 (1974–2020) WI 37 (1955–2026) PA 33 (1893–2026) SC 30 (1946–2025) ME 27 (1953–2019) NM 20 (1975–2025) FL 15 (1974–2024) AL 14 (1850–2002) AR 13 (1961–2025) KY 13 (1863–2024) MT 12 (1946–2024) NY 12 (1906–2009) OH 9 (1937–2020) KS 8 (1910–1994) CA 7 (1928–1999) DC 7 (1902–2017) OK 7 (1923–2015) NJ 6 (1954–2021) MO 6 (1894–1992) TX 6 (1871–2006) CO 5 (1894–2018) IA 4 (1908–1991) GA 4 (1894–2025) UT 4 (1988–2002) MA 4 (1942–2013) DE 3 (2019–2024) TN 3 (1967–2017) WY 3 (2021–2023) VI 3 (1999–2013) OR 3 (1896–2017) NV 2 (1930–2020) IN 2 (1970–2017) PR 2 (1912–1917) MD 2 (2010–2016) AZ 2 (2001–2006) VT 2 (2008–2014) MI 2 (1893–1905)

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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