12 Alabama opinions name it 3 courts 1979–2005 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 |
|---|---|---|
Ex Parte Miltope Corp.green2 sentences2003Although in Ex parte Miltope Corp. , supra , the phrase quoted above continued on to say that the supplementing exhibits filed by the respondent "should ordinarily include only matters submitted to the trial court," 522 So.2d at 273 (emphasis supplied), the circumstances of that case were sufficiently unique so as to warrant a partial suspension of the rule to allow the respondent to submit to this Court affidavits that had not been before the trial court at the time of its ruling. 2003Although in Ex parte Miltope Corp., supra, the phrase quoted above continued- on to say that the supplementing exhibits filed by the respondent “should ordinarily include only matters submitted to the trial court,” 522 So.2d at 273 (emphasis supplied), the circumstances of that case were sufficiently unique so as to warrant a partial suspension of the rule to allow the respondent to submit to this Court affidavits that had not been before the trial court at the time of its ruling. | 2 | 2 |
Hays v. City of Jacksonvillegreen1 sentence2005(Emphasis added.) “Probable cause to arrest for DUI must be followed by an actual arrest, Ex parte Love, [ 513 So.2d 24 (Ala.1987)], and that arrest must be ‘lawful’ within the meaning of § 32-1-4.” Hays v. Jacksonville, 518 So.2d 892, 894 (Ala.Crim.App.1987) (some emphasis in original; some emphasis added). | 1 | 1 |
Morgan v. City of Vestavia Hillsgreen2 sentences1997Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days; provided if such person objects to a blood test, the law enforcement agency shall designate that one of the other aforesaid tests be administered." (Emphasis added.) In Morgan v. City of Vestavia Hills, 628 So.2d 1047, 1049 (Ala. Crim.App.1993), the Court of Criminal Appeals wrote: "Where a chemical test to determine blood alcohol level is performed pursuant to the implied consent statute, Ala.Code 1975, § 32-5-192, the 1997Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days; provided if such person objects to a blood test, the law enforcement agency shall designate that one of the other aforesaid tests be administered." (Emphasis added.) In Morgan v. City of Vestavia Hills , 628 So.2d 1047 , 1049 (Ala.Crim.App. 1993), the Court of Criminal Appeals wrote: "Where a chemical test to determine blood alcohol level is performed pursuant to the implied consent statute, Ala. Code 1975, § 32-5-192 , | 1 | 1 |
Moore v. Stategreen2 sentences1997Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days; provided if such person objects to a blood test, the law enforcement agency shall designate that one of the other aforesaid tests be administered." (Emphasis added.) In Morgan v. City of Vestavia Hills, 628 So.2d 1047, 1049 (Ala. Crim.App.1993), the Court of Criminal Appeals wrote: "Where a chemical test to determine blood alcohol level is performed pursuant to the implied consent statute, Ala.Code 1975, § 32-5-192, the 1997Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days; provided if such person objects to a blood test, the law enforcement agency shall designate that one of the other aforesaid tests be administered." (Emphasis added.) In Morgan v. City of Vestavia Hills , 628 So.2d 1047 , 1049 (Ala.Crim.App. 1993), the Court of Criminal Appeals wrote: "Where a chemical test to determine blood alcohol level is performed pursuant to the implied consent statute, Ala. Code 1975, § 32-5-192 , | 1 | 1 |
Barton v. Stategreen1 sentence1992See also Ex parte Barton , 376 So.2d 753 , 753 (Ala. 1978) (wherein the court recognized that "Rule 2 ARAP provides that the appellate court may, in its sound discretion, suspend the Rules, except for extending the time for taking an appeal"). | 1 | 1 |
State ex rel. Knox v. Dillardgreen2 sentences1979See State v. Dillard , 196 Ala. 539 , 72 So. 56 (1916); 4 C.J.S. 1979See State v. Dillard , 196 Ala. 539 , 72 So. 56 (1916); 4 C.J.S. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lunceford v. City of Northport
green
2 sentences1995Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days; provided if such person objects to a blood test, the law enforcement agency shall designate that one of the other aforesaid tests be administered." (Emphasis added.) The appellant bases his contention on this court's holding in Lunceford v. City of Northport , 555 So.2d 246 (Ala.Cr.App. 1988). 1994Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days; provided if such person objects to a blood test, the law enforcement agency shall designate that one of the other aforesaid tests be administered.” (Emphasis added.) In Lunceford, v. City of Northport, 555 So.2d 246 (Ala.Cr.App.1988), the Court of Criminal Appeals held that the implied consent statute applies only to operators of vehicles on the public highways, so that Lunee-ford, arrested in an automobile on a private | 3 | 1994–2004 |
Ex Parte Love
green
1 sentence2005(Emphasis added.) “Probable cause to arrest for DUI must be followed by an actual arrest, Ex parte Love, [ 513 So.2d 24 (Ala.1987)], and that arrest must be ‘lawful’ within the meaning of § 32-1-4.” Hays v. Jacksonville, 518 So.2d 892, 894 (Ala.Crim.App.1987) (some emphasis in original; some emphasis added). | 1 | 2005–2005 |
Barnett v. State
neutral
1 sentence2004We have addressed the issue raised by Brown before in Lunceford v. City of Northport , 555 So.2d 246 (Ala.Crim.App. 1988), and in Barnett v. State , 671 So.2d 135 (Ala.Crim.App. 1995). | 1 | 2004–2004 |
Culbreath v. State
green
1 sentence1998Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days. . . ." (Emphasis added.) Section 32-5A-194 (a), which pertains to the evidentiary significance of the results of chemical tests of bodily substances administered to drivers, and the presumptions accorded those results, states: "Upon the trial of any civil, criminal or quasi-criminal action or proceeding arising out of acts alleged to have been committed by any, person while driving or in actual control of a vehicle while | 1 | 1998–1998 |
Grayned v. City of Rockford
green
2 sentences1998Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days. . . ." (Emphasis added.) Section 32-5A-194 (a), which pertains to the evidentiary significance of the results of chemical tests of bodily substances administered to drivers, and the presumptions accorded those results, states: "Upon the trial of any civil, criminal or quasi-criminal action or proceeding arising out of acts alleged to have been committed by any, person while driving or in actual control of a vehicle while 1998Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days. . . ." (Emphasis added.) Section 32-5A-194 (a), which pertains to the evidentiary significance of the results of chemical tests of bodily substances administered to drivers, and the presumptions accorded those results, states: "Upon the trial of any civil, criminal or quasi-criminal action or proceeding arising out of acts alleged to have been committed by any, person while driving or in actual control of a vehicle while | 1 | 1998–1998 |
Garrison v. Dothard
green
1 sentence1988Even should such language be required by the statute — which it is not — § 32-5-191 specifically provides that “driving privilege” means “driver license.” See also Garrison v. Dothard, 366 So.2d 1129 (Ala.Civ.App.1979). | 1 | 1988–1988 |
Central of Georgia Ry. Co. v. Carlock
neutral
2 sentences1987Co. v. Carlock , 196 Ala. 659 , 72 So. 261 (1916)." Cooper v. State , 474 So.2d 182 , 183 (Ala.Cr.App. 1985), quoting Glass v. State , 424 So.2d 687 , 689-90 (Ala.Cr.App. 1982). 1987Co. v. Carlock , 196 Ala. 659 , 72 So. 261 (1916)." Cooper v. State , 474 So.2d 182 , 183 (Ala.Cr.App. 1985), quoting Glass v. State , 424 So.2d 687 , 689-90 (Ala.Cr.App. 1982). | 1 | 1987–1987 |
Glass v. State
green
1 sentence1987Co. v. Carlock , 196 Ala. 659 , 72 So. 261 (1916)." Cooper v. State , 474 So.2d 182 , 183 (Ala.Cr.App. 1985), quoting Glass v. State , 424 So.2d 687 , 689-90 (Ala.Cr.App. 1982). | 1 | 1987–1987 |
Cooper v. State
green
1 sentence1987Co. v. Carlock , 196 Ala. 659 , 72 So. 261 (1916)." Cooper v. State , 474 So.2d 182 , 183 (Ala.Cr.App. 1985), quoting Glass v. State , 424 So.2d 687 , 689-90 (Ala.Cr.App. 1982). | 1 | 1987–1987 |
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.