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11 Alabama opinions name it 2 courts 1990–2010 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 |
|---|---|---|
Bush v. Stategreen1 sentence2010It is well settled that “[a] defendant has the right not to take the witness stand and testify in his own behalf and, if he exercises that right, not to be the subject of comment by the prosecuting attorney.” Bush v. State, 695 So.2d 70, 132 (Ala.Crim.App.1995) (citations omitted). | 1 | 1 |
United States v. Brightgreen1 sentence2010(Mitchell’s brief, at 10.) It is well settled that “it is not error ‘to comment on the failure of the defense, as opposed to the defendant, to counter or explain the evidence.’” United States v. Griggs, 735 F.2d 1318, 1321 (11th Cir.1984) (quoting United States v. Bright, 630 F.2d 804, 825 (5th Cir.1980)) (emphasis in original). | 1 | 1 |
Lewis v. Stategreen1 sentence2010Accordingly, Mitchell’s argument that Alabama’s judicial-override provision is “stan-dardless” and thus “unconstitutional” is without merit. 3 To the extent that Mitchell argues that Alabama’s sentencing scheme violates the Equal Protection Clause because it “fails to set forth uniform standards as to how much weight a jury’s sentencing recommendation should be given by the trial judge” (Mitchell’s brief, at 34), this Court rejected an identical argument in Lewis v. State, 24 So.3d 480, 536 (Ala.Crim.App.2006). | 1 | 1 |
Perry v. Brakefieldgreen1 sentence2010Although Mitchell correctly states that “[a] witness may not testify to the uncommunicated intent or mental operation of another,” Perry v. Brakefield, 534 So.2d 602, 608 (Ala.1988), this particular error did not occur in the instant case. | 1 | 1 |
United States v. Charles D. Griggsgreen1 sentence2010(Mitchell’s brief, at 10.) It is well settled that “it is not error ‘to comment on the failure of the defense, as opposed to the defendant, to counter or explain the evidence.’” United States v. Griggs, 735 F.2d 1318, 1321 (11th Cir.1984) (quoting United States v. Bright, 630 F.2d 804, 825 (5th Cir.1980)) (emphasis in original). | 1 | 1 |
Wimberly v. Stategreen1 sentence2010See Wimberly v. State, 934 So.2d 411, 424 (AIa.Crim.App.2005) (“Trial judges necessarily require a great deal of latitude in scheduling trials. | 1 | 1 |
Ex Parte Tomlingreen1 sentence2010Mitchell next argues that the prosecutor’s sentencing-phase closing arguments violated his Fifth, Sixth, Eighth, and Fourteenth Amendment rights by: “commenting on Mitchell’s failure to testify, impermissibly inflaming the passions and prejudices of the jury by talking about the death of the prosecutor’s brother during a robbery and how the brother’s death impacted the prosecutor just like it impacted the victims’ families, urging the jurors to show the defendant the same mercy shown the dead victims, impermissibly vouching for the authority of the state, misstating the law as it applies to mi | 1 | 1 |
Thomas v. Principal Financial Groupgreen1 sentence1994See Thomas v. Principal Financial Group, 566 So.2d 735 (Ala.1990), appeal after remand, 585 So.2d 816 (Ala.1991), cert. denied,-U.S.-, 112 S.Ct. 649 , 116 L.Ed.2d 666 (1991) (a plaintiff in a “bad faith refusal” case must prove the existence of an insurance contract between the parties and a breach thereof by the defendant). | 1 | 1 |
In re Jersimskigreen1 sentence1994See Thomas v. Principal Financial Group, 566 So.2d 735 (Ala.1990), appeal after remand, 585 So.2d 816 (Ala.1991), cert. denied,-U.S.-, 112 S.Ct. 649 , 116 L.Ed.2d 666 (1991) (a plaintiff in a “bad faith refusal” case must prove the existence of an insurance contract between the parties and a breach thereof by the defendant). | 1 | 1 |
Principal Financial Group v. Thomasgreen1 sentence1994See Thomas v. Principal Financial Group, 566 So.2d 735 (Ala.1990), appeal after remand, 585 So.2d 816 (Ala.1991), cert. denied,-U.S.-, 112 S.Ct. 649 , 116 L.Ed.2d 666 (1991) (a plaintiff in a “bad faith refusal” case must prove the existence of an insurance contract between the parties and a breach thereof by the defendant). | 1 | 1 |
Hertz v. Stategreen1 sentence1990See Hertz v. State, 445 So.2d 987, 988 (Ala.Cr.App.1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Mitchell
green
2 sentences2009Mitchell, 722 So.2d at 820 . 2009Mitchell, 722 So.2d at 820 . | 2 | 2009–2009 |
Ex Parte City of Guntersville v. Bishop
green
2 sentences2008Perry Williams responded to Mitchell's motion, disputing that the scooter and the lift were properly payable medical benefits under § 25-5-77 (a), Ala. Code 1975, which mandates that the employer provide "reasonably necessary medical and surgical treatment and attention, physical rehabilitation, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus as the result of an accident arising out of and in the course of the employment. . . ." Perry Williams argued that based on this Court's holding in Ex parte City of Guntersville , supra, the scooter and the lift 2008Perry & Williams responded to Mitchell’s motion, disputing that the scooter and the lift were properly payable medical benefits under § 25-5-77(a), Ala.Code 1975, which mandates that the employer provide “reasonably necessary medical and surgical treatment and attention, physical rehabilitation, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus as the result of an accident arising out of and in the course of the employment .... ” Perry & Williams argued that based on this Court’s holding in Ex parte City of Guntersville, supra, the scooter and the lift | 2 | 2008–2008 |
Ex Parte Woods
green
1 sentence2010P.,] if the accumulated errors have “probably injuriously affected substantial rights of the parties,” then the cumulative effect of the errors may require reversal.’ Ex parte Woods, 789 So.2d 941 , 942 n. 1 (Ala.2001) (quoting Rule 45, Ala. R.App. | 1 | 2010–2010 |
Wright v. State
green
2 sentences2010Wright, 279 Ala. at 550-551 , 188 So.2d at 279 . 2010Wright, 279 Ala. at 550-551 , 188 So.2d at 279 . | 1 | 2010–2010 |
Sneed v. State
green
1 sentence2010(Mitchell’s brief, at 54.) “In judging a prosecutor’s closing argument, the standard is whether the argument ‘ “ ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’ ” ’ ” Sneed v. State, 1 So.3d at 138 (quoting Darden v. Wainwright, 477 U.S. at 181 , quoting in turn Donnelly v. DeChristoforo, 416 U.S. at 643 ). | 1 | 2010–2010 |
Donnelly v. DeChristoforo
green
1 sentence2010(Mitchell’s brief, at 54.) “In judging a prosecutor’s closing argument, the standard is whether the argument ‘ “ ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’ ” ’ ” Sneed v. State, 1 So.3d at 138 (quoting Darden v. Wainwright, 477 U.S. at 181 , quoting in turn Donnelly v. DeChristoforo, 416 U.S. at 643 ). | 1 | 2010–2010 |
Darden v. Wainwright
green
1 sentence2010(Mitchell’s brief, at 54.) “In judging a prosecutor’s closing argument, the standard is whether the argument ‘ “ ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’ ” ’ ” Sneed v. State, 1 So.3d at 138 (quoting Darden v. Wainwright, 477 U.S. at 181 , quoting in turn Donnelly v. DeChristoforo, 416 U.S. at 643 ). | 1 | 2010–2010 |
Perry & Williams, Inc. v. Mitchell
green
1 sentence2008Relying on this Court's decision in Ex parte City of Guntersville , 728 So.2d 611 (Ala. 1998), the Court of Civil Appeals reversed the judgment of the trial court awarding Mitchell the scooter and the lift. see Perry Williams, Inc. v. Mitchell , 989 So.2d 1074 (Ala.Civ.App. 2006). | 1 | 2008–2008 |
Ireland v. State
green
2 sentences2005Mitchell does not challenge in this appeal his conviction and sentence for possession of methamphetamine. 2 We note that Mitchell does not contend that the trial court did not, in fact, adjudicate him guilty; he states in his brief that, after accepting the plea, the court "proceeded to adjudicate the defendant to be guilty." (Mitchell's brief at p. 7.) His only argument appears to be that the court's sentencing order does not specifically state that there had been an adjudication. 3 Ireland v. State , 47 Ala.App. 65 , 250 So.2d 602 (1971). 4 Reserving an issue before a guilty plea is entered 2005Mitchell does not challenge in this appeal his conviction and sentence for possession of methamphetamine. 2 We note that Mitchell does not contend that the trial court did not, in fact, adjudicate him guilty; he states in his brief that, after accepting the plea, the court "proceeded to adjudicate the defendant to be guilty." (Mitchell's brief at p. 7.) His only argument appears to be that the court's sentencing order does not specifically state that there had been an adjudication. 3 Ireland v. State , 47 Ala.App. 65 , 250 So.2d 602 (1971). 4 Reserving an issue before a guilty plea is entered | 1 | 2005–2005 |
Southern Energy Homes, Inc. v. Washington
green
1 sentence2003In reviewing the denial of *Page 1119 a motion for a judgment as a matter of law, this Court is required to view the evidence in a light most favorable to the nonmovant." Daugherty , 840 So.2d at 156 (quoting Southern Energy Homes, Inc. v. Washington , 774 So.2d 505 , 510-11 (Ala. 2000)). | 1 | 2003–2003 |
Liberty Nat. Life Ins. Co. v. Daugherty
green
1 sentence2003In reviewing the denial of *Page 1119 a motion for a judgment as a matter of law, this Court is required to view the evidence in a light most favorable to the nonmovant." Daugherty , 840 So.2d at 156 (quoting Southern Energy Homes, Inc. v. Washington , 774 So.2d 505 , 510-11 (Ala. 2000)). | 1 | 2003–2003 |
Smith v. State
green
1 sentence2000"Even arraignment and plea can be waived by a defendant's failure to object to the lack thereof until after the jury has returned a verdict." Smith v. State, 507 So.2d 579 , 580 (Ala.Crim.App. 1987). | 1 | 2000–2000 |
Edwards v. Arizona
green
2 sentences1991Hence, the officers complied with the following requirements of Edwards v. Arizona, 451 U.S. 477, 484-85 , 101 S.Ct. 1880, 1884-85 , 68 L.Ed.2d 378 (1981): “We further hold that an accused, such as Edwards, having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.” We note that any conflict between Mitchell’s testimony at trial and his prior statement to the officers pres 1991Hence, the officers complied with the following requirements of Edwards v. Arizona, 451 U.S. 477, 484-85 , 101 S.Ct. 1880, 1884-85 , 68 L.Ed.2d 378 (1981): “We further hold that an accused, such as Edwards, having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.” We note that any conflict between Mitchell’s testimony at trial and his prior statement to the officers pres | 1 | 1991–1991 |
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.