Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
13 Alabama opinions name it 2 courts 1986–2024 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 |
|---|---|---|
Banks v. Stategreen2 sentences2018App. 2015), we noted: "This Court has previously held, however, that 'the requirement that the defendant be afforded the opportunity to speak on his or her behalf at the sentencing hearing [is an] exception[ ] to the general preservation rule and [is] required to afford a defendant the minimal due process.' Banks v. State , 51 So.3d 386 , 392 (Ala. Crim. 2018App. 2015), we noted: "This Court has previously held, however, that 'the requirement that the defendant be afforded the opportunity to speak on his or her behalf at the sentencing hearing [is an] exception[ ] to the general preservation rule and [is] required to afford a defendant the minimal due process.' Banks v. State , 51 So.3d 386 , 392 (Ala. Crim. | 2 | 5 |
Green v. Stategreen1 sentence2024P. Although C.C. did not raise this claim below, this Court has held that " 'the requirement that the defendant be afforded the opportunity to speak on his or her behalf at the sentencing hearing [is an] exception[ ] to the general preservation rule and [is] required to afford a defendant the minimal due process.' " Green v. State, 200 So. 3d 677, 678 (Ala. Crim. | 1 | 1 |
Shaw v. Stategreen1 sentence2015See Shaw v. State, 949 So.2d 184 (Ala.Crim.App.2006) (“A claim that a defendant was not afforded the opportunity to address the court before the sentence is imposed is not a jurisdictional claim.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gagnon v. Scarpelli
red
2 sentences2004Before the circuit court can revoke probation, the court must provide a written order stating the evidence and the reasons it relied upon to revoke probation in order to comply with the due-process requirements of Gagnon v. Scarpelli , 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973). 2004Before the circuit court can revoke probation, the court must provide a written order stating the evidence and the reasons it relied upon to revoke probation in order to comply with the due-process requirements of Gagnon v. Scarpelli , 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973). | 7 | 2001–2004 |
Ex Parte State
green
1 sentence2003Before probation can be revoked, the circuit court must provide a written order stating the evidence and the reasons relied upon to revoke probation in order to comply with the due-process requirements of Gagnon v. Scarpelli , supra. Wyatt v. State , 608 So.2d 762 (Ala. 1992); Armstrong v. State , supra. While the circuit court's order on revocation adequately states the reasons for revoking Beckham's probation, the order fails to adequately specify the evidence it relied upon. | 1 | 2003–2003 |
United States v. Donald G. Richardson and Robert H. Wilson
green
1 sentence1986Then, relying on United States v. Richardson , 562 F.2d 476 (7th Cir. 1977), cert. denied 434 U.S. 1072 , 98 S.Ct. 1257 , 55 L.Ed.2d 776 (1978), the court summarily declared: "We likewise do not believe that this is plain error, and furthermore, we find that the appellant's action, or inaction, constituted a waiver. | 1 | 1986–1986 |
Preston v. Georgia
green
1 sentence1986Then, relying on United States v. Richardson , 562 F.2d 476 (7th Cir. 1977), cert. denied 434 U.S. 1072 , 98 S.Ct. 1257 , 55 L.Ed.2d 776 (1978), the court summarily declared: "We likewise do not believe that this is plain error, and furthermore, we find that the appellant's action, or inaction, constituted a waiver. | 1 | 1986–1986 |
Brown v. Blankenship
green
1 sentence1986Then, relying on United States v. Richardson , 562 F.2d 476 (7th Cir. 1977), cert. denied 434 U.S. 1072 , 98 S.Ct. 1257 , 55 L.Ed.2d 776 (1978), the court summarily declared: "We likewise do not believe that this is plain error, and furthermore, we find that the appellant's action, or inaction, constituted a waiver. | 1 | 1986–1986 |
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.