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13 Alabama opinions name it 2 courts 2001–2017 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.
| Case | Followed | Cited |
|---|---|---|
Brooks v. Stategreen2 sentences2005P. However, “ ‘[t]he failure to administer the oath to the jury renders the jury’s verdict a nullity.’ ” Brooks v. State, 845 So.2d 849, 850 (Ala.Crim.App.2002)(quoting Dyson v. State, 722 So.2d 782, 785 (Ala.Crim.App.1997)). “ ‘[I]f the jury or any member thereof was not sworn, it was not the verdict of a jury,’ ” Brooks v. State, 845 So.2d 849, 851 (Ala.Crim.App.2002)(quoting Fowler v. State, 261 Ala. 262, 263 , 74 So.2d 512, 513 (1954)), and this assertion is not subject to the procedural bars of Rule 32. 2005P. However, “ ‘[t]he failure to administer the oath to the jury renders the jury’s verdict a nullity.’ ” Brooks v. State, 845 So.2d 849, 850 (Ala.Crim.App.2002)(quoting Dyson v. State, 722 So.2d 782, 785 (Ala.Crim.App.1997)). “ ‘[I]f the jury or any member thereof was not sworn, it was not the verdict of a jury,’ ” Brooks v. State, 845 So.2d 849, 851 (Ala.Crim.App.2002)(quoting Fowler v. State, 261 Ala. 262, 263 , 74 So.2d 512, 513 (1954)), and this assertion is not subject to the procedural bars of Rule 32. | 2 | 2 |
Sumlin v. Stategreen2 sentences2001See Sumlin v. State, 710 So.2d 941, 942 (Ala.Crim.App.1998); Rule 32.2(a)(3), (5), Ala.R.Crim.P. 2001See, e.g., Bryant v. State, 739 So.2d 1138, 1140 (Ala.Crim.App.1998); Sumlin v. State, 710 So.2d 941, 942 (Ala.Crim.App.1998). | 2 | 2 |
Bryant v. Stategreen2 sentences2001See, e.g., Bryant v. State, 739 So.2d 1138, 1140 (Ala.Crim.App.1998); Sumlin v. State, 710 So.2d 941, 942 (Ala.Crim.App.1998). 2001See, e.g., Bryant v. State , 739 So.2d 1138 , 1140 (Ala.Crim.App. 1998); Sumlin v. State , 710 So.2d 941 , 942 (Ala.Crim.App. 1998). | 2 | 2 |
Ex Parte Jenkinsgreen2 sentences2017App. 2009). " 'Under our holding in Seymour , a defect in a criminal indictment no longer deprives the trial court of jurisdiction, as it had under the common law, but instead is a nonjurisdictional error that may be waived.' Ex parte Jenkins , 992 So.2d 1248 , 1250 (Ala. 2007)." Gargis v. State , 998 So.2d 1092 , 1099 (Ala. Crim. 2007"Under our holding in Seymour , a defect in a criminal indictment no longer deprives the trial court of jurisdiction, as it had under the common law, but instead is a nonjurisdictional error that may be waived." Ex parte Jenkins , 992 So.2d 1248 , 1250 (Ala. 2007). | 1 | 2 |
Wallace v. Stategreen1 sentence2015P. See Wallace v. State, 959 So.2d 1161, 1163-64 (Aa.Crim.App.2006) (holding that a claim that a guilty plea was involuntarily and unknowingly entered “based on the alleged failure by his trial counsel and the trial court to advise him of a number of rights” is a nonjurisdictional claim); and Cogman v. State, 852 So.2d 191, 192 (Aa.Crim.App.2002) (“An ineffective assistance of counsel claim is not jurisdictional; therefore, it is subject to the limitations period in Rule 32.2(c).”). | 1 | 1 |
Cogman v. Stategreen1 sentence2015P. See Wallace v. State, 959 So.2d 1161, 1163-64 (Aa.Crim.App.2006) (holding that a claim that a guilty plea was involuntarily and unknowingly entered “based on the alleged failure by his trial counsel and the trial court to advise him of a number of rights” is a nonjurisdictional claim); and Cogman v. State, 852 So.2d 191, 192 (Aa.Crim.App.2002) (“An ineffective assistance of counsel claim is not jurisdictional; therefore, it is subject to the limitations period in Rule 32.2(c).”). | 1 | 1 |
Whitman v. Stategreen1 sentence2011See Whitman v. State, 903 So.2d 152, 155-56 (Ala.Crim.App.2004) (‘Moreover, to the extent that this claim can be considered a challenge to the factual basis for the plea, it is well settled that the factual basis for a guilty plea is not jurisdictional and is not part of the voluntariness of the plea.’). | 1 | 1 |
Dyson v. Stategreen1 sentence2005P. However, “ ‘[t]he failure to administer the oath to the jury renders the jury’s verdict a nullity.’ ” Brooks v. State, 845 So.2d 849, 850 (Ala.Crim.App.2002)(quoting Dyson v. State, 722 So.2d 782, 785 (Ala.Crim.App.1997)). “ ‘[I]f the jury or any member thereof was not sworn, it was not the verdict of a jury,’ ” Brooks v. State, 845 So.2d 849, 851 (Ala.Crim.App.2002)(quoting Fowler v. State, 261 Ala. 262, 263 , 74 So.2d 512, 513 (1954)), and this assertion is not subject to the procedural bars of Rule 32. | 1 | 1 |
Fowler v. Stategreen2 sentences2005P. However, “ ‘[t]he failure to administer the oath to the jury renders the jury’s verdict a nullity.’ ” Brooks v. State, 845 So.2d 849, 850 (Ala.Crim.App.2002)(quoting Dyson v. State, 722 So.2d 782, 785 (Ala.Crim.App.1997)). “ ‘[I]f the jury or any member thereof was not sworn, it was not the verdict of a jury,’ ” Brooks v. State, 845 So.2d 849, 851 (Ala.Crim.App.2002)(quoting Fowler v. State, 261 Ala. 262, 263 , 74 So.2d 512, 513 (1954)), and this assertion is not subject to the procedural bars of Rule 32. 2005P. However, “ ‘[t]he failure to administer the oath to the jury renders the jury’s verdict a nullity.’ ” Brooks v. State, 845 So.2d 849, 850 (Ala.Crim.App.2002)(quoting Dyson v. State, 722 So.2d 782, 785 (Ala.Crim.App.1997)). “ ‘[I]f the jury or any member thereof was not sworn, it was not the verdict of a jury,’ ” Brooks v. State, 845 So.2d 849, 851 (Ala.Crim.App.2002)(quoting Fowler v. State, 261 Ala. 262, 263 , 74 So.2d 512, 513 (1954)), and this assertion is not subject to the procedural bars of Rule 32. | 1 | 1 |
Williams v. Stategreen1 sentence2004The limitations period in Rule 32.2(c), Ala.R.Crim.P., is mandatory and jurisdictional, Williams v. State, 783 So.2d 135, 137 (Ala.Crim.App.2000), and deprives a court from considering a nonjurisdictional claim filed beyond that period. | 1 | 1 |
Nicks v. Stategreen1 sentence2002See Nicks v. State , 783 So.2d 895 (Ala.Crim.App. 1999), cert. quashed, 783 So.2d 926 (Ala. 2000). | 1 | 1 |
Nicks v. Stategreen2 sentences2002See Nicks v. State , 783 So.2d 895 (Ala.Crim.App. 1999), cert. quashed, 783 So.2d 926 (Ala. 2000). 2002See Nicks v. State, 783 So.2d 895 (Ala.Crim. | 1 | 1 |
Shoulders v. Stategreen1 sentence2001See Shoulders v. State , 703 So.2d 1015 , 1018 (Ala.Crim.App. 1997). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gargis v. State
green
1 sentence2017App. 2009). " 'Under our holding in Seymour , a defect in a criminal indictment no longer deprives the trial court of jurisdiction, as it had under the common law, but instead is a nonjurisdictional error that may be waived.' Ex parte Jenkins , 992 So.2d 1248 , 1250 (Ala. 2007)." Gargis v. State , 998 So.2d 1092 , 1099 (Ala. Crim. | 1 | 2017–2017 |
Faulkner v. State
green
1 sentence2008The State relies upon Wright v. State , 902 So.2d 720 (Ala.Crim.App. 2004), and Faulkner v. State , 741 So.2d 462 (Ala.Crim.App. 1999), for the proposition that "issues related to the sufficiency of the factual basis for a guilty plea are usually not jurisdictional in nature." 902 So.2d at 734 n. 7 (Shaw, J., concurring specially). | 1 | 2008–2008 |
Wright v. State
green
2 sentences2008The State relies upon Wright v. State , 902 So.2d 720 (Ala.Crim.App. 2004), and Faulkner v. State , 741 So.2d 462 (Ala.Crim.App. 1999), for the proposition that "issues related to the sufficiency of the factual basis for a guilty plea are usually not jurisdictional in nature." 902 So.2d at 734 n. 7 (Shaw, J., concurring specially). 2008The State relies upon Wright v. State , 902 So.2d 720 (Ala.Crim.App. 2004), and Faulkner v. State , 741 So.2d 462 (Ala.Crim.App. 1999), for the proposition that "issues related to the sufficiency of the factual basis for a guilty plea are usually not jurisdictional in nature." 902 So.2d at 734 n. 7 (Shaw, J., concurring specially). | 1 | 2008–2008 |
Ex Parte Seymour
green
1 sentence2007In this case the majority determined that Patton’s claim that the absence of an information, signed under oath by the district attorney, was a nonjurisdictional claim pursuant to the rationale set forth in Ex parte Seymour, 946 So.2d 536 (Ala.2006). | 1 | 2007–2007 |
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.