role or commit error in Alabama

14 Alabama opinions name it 1 courts 1993–2017 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 (12)

Case	Followed	Cited
White v. Stategreen alacrimapp · 1990 · cited in 13 Alabama opinions naming this issue, 1993–2017 2 sentences 2017App. 1993). 'We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in the penalty phase of a death case that the jury's verdict is a recommendation or an "advisory verdict." White v. State , 587 So.2d 1218 (Ala. Cr. 2017App. 1993). 'We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in the penalty phase of a death case that the jury's verdict is a recommendation or an "advisory verdict." White v. State , 587 So.2d 1218 (Ala. Cr.	7	13
Ex Parte Whitegreen ala · 1991 · cited in 13 Alabama opinions naming this issue, 1993–2017 2 sentences 2012See also Sockwell v. State, 675 So.2d 4 (Ala.Cr.App.1993). ‘We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an “advisory verdict.” White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).’ Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).” Taylor v. State, 666 So.2d 36, 50-51 (Ala. Crim.App.1994). 2009“We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an ‘advisory verdict.’ White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).” Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).’ “Taylor v. State, 666 So.2d 36, 50-51 (Ala.Crim.App.1994), aff'd, 666 So.2d 73 (Ala.1995).” Snyder v. State, 893 So.2d at 555-556 (holding that the trial	6	13
Thomas v. 3201 Caughey Roadgreen scotus · 1992 · cited in 13 Alabama opinions naming this issue, 1993–2017 2 sentences 2012See also Sockwell v. State, 675 So.2d 4 (Ala.Cr.App.1993). ‘We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an “advisory verdict.” White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).’ Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).” Taylor v. State, 666 So.2d 36, 50-51 (Ala. Crim.App.1994). 2012See also Sockwell v. State, 675 So.2d 4 (Ala.Cr.App.1993). ‘We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an “advisory verdict.” White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).’ Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).” Taylor v. State, 666 So.2d 36, 50-51 (Ala. Crim.App.1994).	6	13
Schulz v. Washington Countygreen scotus · 1992 · cited in 13 Alabama opinions naming this issue, 1993–2017 2 sentences 2012See also Sockwell v. State, 675 So.2d 4 (Ala.Cr.App.1993). ‘We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an “advisory verdict.” White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).’ Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).” Taylor v. State, 666 So.2d 36, 50-51 (Ala. Crim.App.1994). 2009“We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an ‘advisory verdict.’ White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).” Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).’ “Taylor v. State, 666 So.2d 36, 50-51 (Ala.Crim.App.1994), aff'd, 666 So.2d 73 (Ala.1995).” Snyder v. State, 893 So.2d at 555-556 (holding that the trial	6	13
Burton v. Stategreen alacrimapp · 1993 · cited in 12 Alabama opinions naming this issue, 1994–2017 2 sentences 2012See also Sockwell v. State, 675 So.2d 4 (Ala.Cr.App.1993). ‘We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an “advisory verdict.” White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).’ Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).” Taylor v. State, 666 So.2d 36, 50-51 (Ala. Crim.App.1994). 2009“We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an ‘advisory verdict.’ White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).” Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).’ “Taylor v. State, 666 So.2d 36, 50-51 (Ala.Crim.App.1994), aff'd, 666 So.2d 73 (Ala.1995).” Snyder v. State, 893 So.2d at 555-556 (holding that the trial	6	12
Taylor v. Stategreen alacrimapp · 1994 · cited in 5 Alabama opinions naming this issue, 1997–2012 2 sentences 2012See also Sockwell v. State, 675 So.2d 4 (Ala.Cr.App.1993). ‘We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an “advisory verdict.” White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).’ Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).” Taylor v. State, 666 So.2d 36, 50-51 (Ala. Crim.App.1994). 2009“We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an ‘advisory verdict.’ White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).” Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).’ “Taylor v. State, 666 So.2d 36, 50-51 (Ala.Crim.App.1994), aff'd, 666 So.2d 73 (Ala.1995).” Snyder v. State, 893 So.2d at 555-556 (holding that the trial	5	5
Sockwell v. Stategreen alacrimapp · 1993 · cited in 4 Alabama opinions naming this issue, 1997–2012 2 sentences 2012See also Sockwell v. State, 675 So.2d 4 (Ala.Cr.App.1993). ‘We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an “advisory verdict.” White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).’ Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).” Taylor v. State, 666 So.2d 36, 50-51 (Ala. Crim.App.1994). 1999See also Sockwell v. State, 675 So.2d 4 (Ala.Cr.App.1993). ‘We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an “advisory verdict.” White v. State, 587 So.2d 1218 (Ala.Cr.	4	4
Price v. Stategreen alacrimapp · 1997 · cited in 2 Alabama opinions naming this issue, 1999–2012 2 sentences 1999Therefore, we conclude the remarks were not improper under Caldwell, supra.'" "`548 So.2d at 494.'" Hagood v. State, 777 So.2d 162, 202-03 (Ala.Cr.App.1998), quoting Travis v. State, 776 So.2d 819, 854 (Ala.Cr.App.1997). "`"[W]e affirm the principle that, in Alabama, the `judge and not the jury, is the final sentencing authority in criminal proceedings.'" "The jury's verdict whether to sentence a defendant to death or to life without parole is advisory only." "We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in 1999Therefore, we conclude the remarks were not improper under Caldwell, supra.'" "`548 So.2d at 494.'" Hagood v. State, 777 So.2d 162, 202-03 (Ala.Cr.App.1998), quoting Travis v. State, 776 So.2d 819, 854 (Ala.Cr.App.1997). "`"[W]e affirm the principle that, in Alabama, the `judge and not the jury, is the final sentencing authority in criminal proceedings.'" "The jury's verdict whether to sentence a defendant to death or to life without parole is advisory only." "We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in	2	2
Ex Parte Taylorgreen ala · 1995 · cited in 2 Alabama opinions naming this issue, 2003–2009 2 sentences 2009“We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an ‘advisory verdict.’ White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).” Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).’ “Taylor v. State, 666 So.2d 36, 50-51 (Ala.Crim.App.1994), aff'd, 666 So.2d 73 (Ala.1995).” Snyder v. State, 893 So.2d at 555-556 (holding that the trial 2003See also Sockwell v. State, [675] So.2d [4] (Ala.Cr.App.1993). `We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in the penalty phase of a death *556 case that the jury's verdict is a recommendation or an "advisory verdict." White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).' Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993)." Taylor v. State, 666 So.2d 36, 50-51 (Ala.Crim.App.1994), aff'd, 666 So.2d 73 (Ala.19	1	2
Travis v. Stategreen alacrimapp · 1997 · cited in 1 Alabama opinions naming this issue, 1999–1999 1 sentence 1999Therefore, we conclude the remarks were not improper under Caldwell, supra.'" "`548 So.2d at 494.'" Hagood v. State, 777 So.2d 162, 202-03 (Ala.Cr.App.1998), quoting Travis v. State, 776 So.2d 819, 854 (Ala.Cr.App.1997). "`"[W]e affirm the principle that, in Alabama, the `judge and not the jury, is the final sentencing authority in criminal proceedings.'" "The jury's verdict whether to sentence a defendant to death or to life without parole is advisory only." "We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in	1	1
Hagood v. Stategreen alacrimapp · 1998 · cited in 1 Alabama opinions naming this issue, 1999–1999 1 sentence 1999Therefore, we conclude the remarks were not improper under Caldwell, supra.'" "`548 So.2d at 494.'" Hagood v. State, 777 So.2d 162, 202-03 (Ala.Cr.App.1998), quoting Travis v. State, 776 So.2d 819, 854 (Ala.Cr.App.1997). "`"[W]e affirm the principle that, in Alabama, the `judge and not the jury, is the final sentencing authority in criminal proceedings.'" "The jury's verdict whether to sentence a defendant to death or to life without parole is advisory only." "We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in	1	1
Stewart v. Stategreen alacrimapp · 1997 · cited in 1 Alabama opinions naming this issue, 1999–1999 1 sentence 1999Therefore, we conclude the remarks were not improper under Caldwell, supra.'" "`548 So.2d at 494.'" Hagood v. State, 777 So.2d 162, 202-03 (Ala.Cr.App.1998), quoting Travis v. State, 776 So.2d 819, 854 (Ala.Cr.App.1997). "`"[W]e affirm the principle that, in Alabama, the `judge and not the jury, is the final sentencing authority in criminal proceedings.'" "The jury's verdict whether to sentence a defendant to death or to life without parole is advisory only." "We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in	1	1

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 (5)

Case	Cited	Years
Robitaille v. State green alacrimapp · 2005 1 sentence 2007“We have previously held that the trial court does not diminish the jury’s role or commit error when it states during the jury charge in the penalty phase of a death case that the jury’s verdict is a recommendation or an ‘advisory verdict.’ White v. State, 587 So.2d 1218 (Ala.Cr.App.1990), aff'd, 587 So.2d 1236 (Ala.1991), cert. denied, 502 U.S. 1076 , 112 S.Ct. 979 , 117 L.Ed.2d 142 (1992).” Burton v. State, 651 So.2d 641 (Ala.Cr.App.1993).’ “(Footnote omitted.)” 971 So.2d at 74 .	1	2007–2007
Wysinger v. State green alacrimapp · 1983 1 sentence 1999"Considering the prosecutor's statements in the context of the entire trial, in the context in which those statements were made, and in connection with the other statements of the prosecutor and of the trial court, which correctly informed the jury of the advisory function of its verdict, we find no reversible error in the record in this regard. "`In reviewing allegedly improper prosecutorial comments, conduct, and questioning of witnesses "(o)ur ask is to consider their impact in the context of this particular trial", and "not view the group of allegedly improper questions and comments in the	1	1999–1999
United States v. Calvin Lamar Bosby, Alan Maurice Ticey, and Charles F. Hill, Jr. green ca11 · 1982 1 sentence 1999"Considering the prosecutor's statements in the context of the entire trial, in the context in which those statements were made, and in connection with the other statements of the prosecutor and of the trial court, which correctly informed the jury of the advisory function of its verdict, we find no reversible error in the record in this regard. "`In reviewing allegedly improper prosecutorial comments, conduct, and questioning of witnesses "(o)ur ask is to consider their impact in the context of this particular trial", and "not view the group of allegedly improper questions and comments in the	1	1999–1999
Ex Parte Stewart green ala · 1999 1 sentence 1999Therefore, we conclude the remarks were not improper under Caldwell, supra.'" "`548 So.2d at 494.'" Hagood v. State, 777 So.2d 162, 202-03 (Ala.Cr.App.1998), quoting Travis v. State, 776 So.2d 819, 854 (Ala.Cr.App.1997). "`"[W]e affirm the principle that, in Alabama, the `judge and not the jury, is the final sentencing authority in criminal proceedings.'" "The jury's verdict whether to sentence a defendant to death or to life without parole is advisory only." "We have previously held that the trial court does not diminish the jury's role or commit error when it states during the jury charge in	1	1999–1999
United States v. Harry Lloyd Davis green ca5 · 1977 1 sentence 1999"Considering the prosecutor's statements in the context of the entire trial, in the context in which those statements were made, and in connection with the other statements of the prosecutor and of the trial court, which correctly informed the jury of the advisory function of its verdict, we find no reversible error in the record in this regard. "`In reviewing allegedly improper prosecutorial comments, conduct, and questioning of witnesses "(o)ur ask is to consider their impact in the context of this particular trial", and "not view the group of allegedly improper questions and comments in the	1	1999–1999

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (10) AL § Ala. Code § 13A-5-49 (10) AL § Ala. Code § 13A-5-45 (9) AL § Ala. Code § 13A-5-47 (9) AL § Ala. Code § 13A-5-53 (9) AL § Ala. Code § 13A-5-46 (8) AL § Ala. Code § 13A-5-51 (7) AL § Ala. Code § 13A-5-50 (4) AL § Ala. Code § 13A-5-52 (4) AL § Ala. Code § 15-12-21 (4) AL § Ala. Code § 12-16-150 (3) AL § Ala. Code § 12-16-9 (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.

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