party seeking challenge (Alabama) · Go Syfert
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party seeking challenge in Alabama

14 Alabama opinions name it 3 courts 1975–2014 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 (5)

CaseFollowedCited
Smith v. Stategreen
alacrimapp · 1990 · cited in 4 Alabama opinions naming this issue, 1996–2001
2 sentences

2001"The party seeking to challenge a juror for cause must show that the questioned juror [was] due to be struck under § 12-16-150, Code of Alabama 1975, or on common law grounds." Smith v. State, 581 So.2d 497, 503 (Ala.Crim.App.1990), rev'd on other grounds, 581 So.2d 531 (Ala.1991).

1999See Williams, supra, citing Smith, 581 So.2d at 503 ("The party seeking to challenge a juror for cause must show that the questioned juror [was] due to be struck under § 12-16-150, Code of Alabama 1975, or on common law grounds.

44
Kinder v. Stategreen
alacrimapp · 1986 · cited in 3 Alabama opinions naming this issue, 1990–1999
2 sentences

1999See Kinder v. State, 515 So.2d 55, 60 (Ala.Cr.App. 1986).").

1996See Kinder v. State, 515 So.2d 55, 60 (Ala.Cr.App.1986).") XXVIII.

33
cluster 699275green
ca9 · 1995 · cited in 2 Alabama opinions naming this issue, 2010–2012
2 sentences

2012As explained in In re Lindsay, ‘[t]his avoids uncertainty for counsel about when to appeal.’ In re Lindsay, 59 F.3d at 951 .

2010As explained in In re Lindsay, "[t]his avoids uncertainty for counsel about when to appeal." In re Lindsay, 59 F.3d at 951.

12
Raine v. First Western Bankgreen
ala · 1978 · cited in 2 Alabama opinions naming this issue, 1983–1989
2 sentences

1989Raine v. First Western Bank, 362 So.2d 846, 848 (Ala.1978).

1983Raine v. First Western Bank, 362 So.2d 846 (Ala.1978).

12
Whitehead v. Stategreen
alacrimapp · 1999 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001No response from this juror suggested that this juror could not "disregard her relationship with Assistant District Attorney and to render a fair and impartial verdict." Whitehead v. State, 777 So.2d 781, 811 (Ala.Crim.App.1999), aff'd, 777 So.2d 854 (Ala.2000).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Ex Parte Smith green
ala · 1991
2 sentences

2001"The party seeking to challenge a juror for cause must show that the questioned juror [was] due to be struck under § 12-16-150, Code of Alabama 1975, or on common law grounds." Smith v. State, 581 So.2d 497, 503 (Ala.Crim.App.1990), rev'd on other grounds, 581 So.2d 531 (Ala.1991).

1996In another capital case that involved a veniremember's acquaintance with the victim, Smith v. State , 581 So.2d 497 , 503 (Ala.Cr.App. 1990), rev'd on other grounds, 581 So.2d 531 (Ala. 1991), we addressed this same issue and stated: "The party seeking to challenge a juror for cause must show that the questioned juror is due to be struck under § 12-16-150 , Code of Alabama 1975, or on common law grounds. . . . [Where the appellant failed to challenge the juror for cause] the appellant must show that the trial court's failure to remove sua sponte the two prospective jurors was 'plain error.' "W

31996–2001
Page v. Preisser green
ca8 · 1978
2 sentences

2012Although we comprehend the reasoning behind the rule announced in Page , which hinges on the idea that an erroneously certified judgment is, in fact, not a final judgment at all, Page, 585 F.2d at 338 , we believe that the better course is to require that a party seeking to challenge the propriety of a Rule 54(b) certification do so in a timely appeal from the certified judgment.

2010Although we comprehend the reasoning behind the rule announced in Page , which hinges on the idea that an erroneously certified judgment is, in fact, not a final judgment at all, Page, 585 F.2d at 338 , we believe that the better course is to require that a party seeking to challenge the propriety of a Rule 54(b) certification do so in a timely appeal from the certified judgment.

22010–2012
Robinson v. Bowen green
cand · 2008
1 sentence

2014The Court in Keyes, supra, explained: “Indeed, in a case very similar to this one, the United States District Court for the Northern District of California dismissed a challenge to John McCain’s citizenship, holding that presidential qualification issues are best resolved in Congress. {Robinson v. Bowen (N.D.Cal.2008) 567 F.Supp.2d 1144, 1147 .) “The federal court noted that Title 8 United States Code section 15 sets forth a process for objecting to the President elect, and the Twentieth Amendment provides that, ‘if the President-elect shall have failed to qualify, then the Vice President-elec

12014–2014
Allen v. Briggs green
alacivapp · 2010
1 sentence

2012In so doing it specifically relied upon Lindsay and one other case, the decision of our own Court of Civil Appeals in Allen v. Briggs, 60 So.3d 899 (Ala.Civ.App.2010), quoting much of the passage from Allen that appears in the main opinion.

12012–2012
Horton Homes, Inc. v. Shaner red
ala · 2008
1 sentence

2010However, Horion Homes did not modify the requirement under § 6-6-15 that a party seeking to challenge an arbitration award initiate that challenge by filing, in the circuit court, a notice of appeal to the “appropriate appellate court.” Pursuant to the procedure set out in Horton Homes, the clerk of the circuit court then entered the arbitration award as the “conditional” judgment of the circuit court. 999 So.2d at 467 .

12010–2010
Ex Parte Whitehead green
ala · 2000
1 sentence

2001No response from this juror suggested that this juror could not "disregard her relationship with Assistant District Attorney and to render a fair and impartial verdict." Whitehead v. State, 777 So.2d 781, 811 (Ala.Crim.App.1999), aff'd, 777 So.2d 854 (Ala.2000).

12001–2001
Irvin v. Dowd green
scotus · 1961
2 sentences

1996In another capital case that involved a veniremember's acquaintance with the victim, Smith v. State , 581 So.2d 497 , 503 (Ala.Cr.App. 1990), rev'd on other grounds, 581 So.2d 531 (Ala. 1991), we addressed this same issue and stated: "The party seeking to challenge a juror for cause must show that the questioned juror is due to be struck under § 12-16-150 , Code of Alabama 1975, or on common law grounds. . . . [Where the appellant failed to challenge the juror for cause] the appellant must show that the trial court's failure to remove sua sponte the two prospective jurors was 'plain error.' "W

1996In another capital case that involved a veniremember's acquaintance with the victim, Smith v. State , 581 So.2d 497 , 503 (Ala.Cr.App. 1990), rev'd on other grounds, 581 So.2d 531 (Ala. 1991), we addressed this same issue and stated: "The party seeking to challenge a juror for cause must show that the questioned juror is due to be struck under § 12-16-150 , Code of Alabama 1975, or on common law grounds. . . . [Where the appellant failed to challenge the juror for cause] the appellant must show that the trial court's failure to remove sua sponte the two prospective jurors was 'plain error.' "W

11996–1996
McKinney v. Alabama Power Co. green
ala · 1982
1 sentence

1991McKinney v. Alabama Power Co., 414 So.2d 938 (Ala.1982).

11991–1991
Hajovsky v. Hajovsky green
ala · 1963
2 sentences

1983Hajovsky v. Hajovsky , 267 Ala. 77 , 159 So.2d 194 (1963).

1983Hajovsky v. Hajovsky, 267 Ala. 77 , 159 So.2d 194 (1963).

11983–1983
AAA Sewing MacH. Co. v. Shelby Finance Co. green
alacivapp · 1980
1 sentence

1983AAA Sewing Machine Co. v. Shelby Finance Co., 384 So.2d 126 (Ala.Civ.App.1980).

11983–1983
Mitchell v. Friedlander neutral
ala · 1944
2 sentences

1975The party seeking to claim the benefit of an estoppel must show detrimental reliance of a substantial character on his part. 28 Am.Jur.2d, Estoppel and Waiver, § 78, at p. 716; Mitchell v. Friedlander, 246 Ala. 115 , 19 So.2d 394 .

1975The party seeking to claim the benefit of an estoppel must show detrimental reliance of a substantial character on his part. 28 Am.Jur.2d, Estoppel and Waiver, § 78, at p. 716; Mitchell v. Friedlander, 246 Ala. 115 , 19 So.2d 394 .

11975–1975

Statutes the citing opinions construe

AL § Ala. Code § 12-16-150 (5) AL § Ala. Code § 13A-5-40 (4) AL § Ala. Code § 13A-5-45 (4) AL § Ala. Code § 13A-5-46 (3) AL § Ala. Code § 13A-5-47 (3) AL § Ala. Code § 13A-5-49 (3) AL § Ala. Code § 13A-5-51 (3) AL § Ala. Code § 13A-5-53 (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

PA 70 (1940–2025) GA 60 (1986–2026) IN 57 (1994–2026) TX 50 (1968–2025) NY 41 (1980–2023) IL 40 (1975–2024) CA 31 (1964–2025) NJ 27 (1969–2025) OH 21 (1990–2026) IA 20 (1990–2025) AL 14 (1975–2014) WA 14 (2001–2026) WI 13 (1967–2022) OR 12 (1985–2023) NM 11 (2001–2021) NC 10 (2001–2025) FL 10 (1987–2022) CT 9 (1991–2021) MA 9 (1974–2024) TN 9 (2002–2026) AZ 7 (1982–2020) LA 7 (1997–2024) DC 6 (1986–2019) AK 6 (1981–2009) MO 5 (1995–2016) ME 5 (2003–2022) MN 5 (1997–2017) KY 4 (2018–2024) NV 4 (2015–2015) DE 4 (1996–2019) CO 4 (2006–2024) AR 4 (1979–2017) WV 4 (1998–2023) NH 3 (1976–2017) MD 3 (2006–2018) UT 2 (2017–2021) RI 2 (1978–1998) VT 2 (2018–2020) KS 2 (2013–2017) MT 2 (2002–2012) MI 2 (2016–2021)

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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