10 Alabama opinions name it 3 courts 1919–2009 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 |
|---|---|---|
Perry v. Stategreen2 sentences2009On appeal, the Court of Criminal Appeals held: “Because of the general and nonspecific character of the grounds assigned in support of Cole’s motion, we cannot say the trial court’s ruling was in error. ... ‘[T]he trial court should not be made to cast about for reasons why a statute might be unconstitutional.’ ” Id. (quoting Perry v. State, 568 So.2d 339, 340 (Ala.Crim.App.1990)). 2009On appeal, the Court of Criminal Appeals held: "Because of the general and nonspecific character of the grounds assigned in support of Cole's motion, we cannot say the trial court's ruling was in error. . . . `[T]he trial court should not be made to cast about for reasons why a statute might be unconstitutional.'" Id. (quoting Perry v. State, 568 So.2d 339, 340 (Ala.Crim.App.1990)). *61 Comparing Cole to this case on appeal, it is clear that the father's general arguments regarding the constitutionality of § 15-20-26(c)(4) were not adequate to preserve the constitutional issues he presents on | 2 | 3 |
Sims v. City of Montgomerygreen1 sentence2009See also Ex parte Hall, 843 So.2d 746, 747 (Ala.2002) (holding that, although the city showed the ordinance to the circuit court, it failed to introduce the ordinance into evidence and thus failed to establish a prima facie case); Ex parte Townsend, 793 So.2d 835 , 837-38 (Ala.2000) (holding that the city must prove the entire ordinance); Sims v. City of Montgomery, 781 So.2d 363, 364 (Ala.Crim.App.2000) (holding that the city failed to prove a prima facie case against the appellant where “the record does not reflect that the ordinance was ... admitted into evidence [or that it] was considered | 1 | 1 |
Ex Parte Hallgreen1 sentence2009See also Ex parte Hall, 843 So.2d 746, 747 (Ala.2002) (holding that, although the city showed the ordinance to the circuit court, it failed to introduce the ordinance into evidence and thus failed to establish a prima facie case); Ex parte Townsend, 793 So.2d 835 , 837-38 (Ala.2000) (holding that the city must prove the entire ordinance); Sims v. City of Montgomery, 781 So.2d 363, 364 (Ala.Crim.App.2000) (holding that the city failed to prove a prima facie case against the appellant where “the record does not reflect that the ordinance was ... admitted into evidence [or that it] was considered | 1 | 1 |
Ex Parte Maxwellgreen2 sentences2009With Cole’s issue properly before this court, we now turn to the merits of his *490 argument. “[I]t is well established that in a criminal prosecution for violation of a city ordinance the city must plead and prove the ordinance.” Ex parte Maxwell, 439 So.2d 715, 716 (Ala.1983) (internal citations omitted). 2009With Cole’s issue properly before this court, we now turn to the merits of his *490 argument. “[I]t is well established that in a criminal prosecution for violation of a city ordinance the city must plead and prove the ordinance.” Ex parte Maxwell, 439 So.2d 715, 716 (Ala.1983) (internal citations omitted). | 1 | 1 |
Childers v. Stategreen1 sentence2005Finally, Cole held that, since the indictment was not validly amended to charge second-degree robbery, the trial court lacked subject-matter jurisdiction to accept Cole's guilty plea to second-degree robbery. 842 So.2d at 607-09 ." 899 So.2d at 1028-33 (footnotes omitted). | 1 | 1 |
Cole v. Adkinsgreen2 sentences1984The Court in Cole quoted the comment to clause (b) of the cited section of the Restatement of Restitution , including the statement that a confidential relationship as contemplated in that clause includes the situation "where, because of family relationship or otherwise, the transferor is in fact accustomed to be guided by the judgment or advice of the transferee or is justified in placing confidence in the belief that the transferee will act in the interest of the transferor." Cole, supra , 358 So.2d at 449 (emphasis in Cole). 1984The Court in Cole quoted the comment to clause (b) of the cited section of the Restatement of Restitution , including the statement that a confidential relationship as contemplated in that clause includes the situation "where, because of family relationship or otherwise, the transferor is in fact accustomed to be guided by the judgment or advice of the transferee or is justified in placing confidence in the belief that the transferee will act in the interest of the transferor." Cole, supra , 358 So.2d at 449 (emphasis in Cole). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cole v. State
green
2 sentences2009On appeal, the Court of Criminal Appeals held: “Because of the general and nonspecific character of the grounds assigned in support of Cole’s motion, we cannot say the trial court’s ruling was in error. ... ‘[T]he trial court should not be made to cast about for reasons why a statute might be unconstitutional.’ ” Id. (quoting Perry v. State, 568 So.2d 339, 340 (Ala.Crim.App.1990)). 2009On appeal, the Court of Criminal Appeals held: "Because of the general and nonspecific character of the grounds assigned in support of Cole's motion, we cannot say the trial court's ruling was in error. . . . `[T]he trial court should not be made to cast about for reasons why a statute might be unconstitutional.'" Id. (quoting Perry v. State, 568 So.2d 339, 340 (Ala.Crim.App.1990)). *61 Comparing Cole to this case on appeal, it is clear that the father's general arguments regarding the constitutionality of § 15-20-26(c)(4) were not adequate to preserve the constitutional issues he presents on | 2 | 2009–2009 |
Ex Parte Cole
green
2 sentences2005Since Cole's original indictment failed to allege `facts from which one might conclude that the defendant was aided in the robbery by another participant an essential element of the offense of second-degree robbery,' 842 So.2d at 609 , Cole's indictment could not be informally amended by the prosecutor's evidence that Cole was aided by another participant and Cole's plea of guilty to second-degree robbery. `To treat the proceedings in this case as if the original indictment included [the] additional fact [that another participant was present] just because Cole pleaded guilty would disregard 2005Since Cole's original indictment failed to allege `facts from which one might conclude that the defendant was aided in the robbery by another participant an essential element of the offense of second-degree robbery,' 842 So.2d at 609 , Cole's indictment could not be informally amended by the prosecutor's evidence that Cole was aided by another participant and Cole's plea of guilty to second-degree robbery. `To treat the proceedings in this case as if the original indictment included [the] additional fact [that another participant was present] just because Cole pleaded guilty would disregard | 2 | 2004–2005 |
Ex Parte Townsend
neutral
1 sentence2009See also Ex parte Hall, 843 So.2d 746, 747 (Ala.2002) (holding that, although the city showed the ordinance to the circuit court, it failed to introduce the ordinance into evidence and thus failed to establish a prima facie case); Ex parte Townsend, 793 So.2d 835 , 837-38 (Ala.2000) (holding that the city must prove the entire ordinance); Sims v. City of Montgomery, 781 So.2d 363, 364 (Ala.Crim.App.2000) (holding that the city failed to prove a prima facie case against the appellant where “the record does not reflect that the ordinance was ... admitted into evidence [or that it] was considered | 1 | 2009–2009 |
Ex Parte Hammonds
green
1 sentence2004“A mistrial is a drastic remedy that should be used sparingly and only to prevent manifest injustice.” Hammonds v. State, 111 So.2d 750, 767 (Ala.Crim.App.1999) (citing Ex parte Thomas, 625 So.2d 1156 (Ala.1993)), aff'd, 777 So.2d 777 (Ala.2000). | 1 | 2004–2004 |
Similton v. State
green
1 sentence2004However, in Ex parte Jefferson, 749 So.2d 406 (Ala.1999), our Supreme Court noted: "In Similton v. State, [ 672 So.2d 1363 (Ala.Crim.App.1995)], the Court of Criminal Appeals held that assertions in an unverified motion are bare allegations and cannot be considered as evidence or proof of the facts alleged. | 1 | 2004–2004 |
Ex Parte Jefferson
green
1 sentence2004However, in Ex parte Jefferson, 749 So.2d 406 (Ala.1999), our Supreme Court noted: "In Similton v. State, [ 672 So.2d 1363 (Ala.Crim.App.1995)], the Court of Criminal Appeals held that assertions in an unverified motion are bare allegations and cannot be considered as evidence or proof of the facts alleged. | 1 | 2004–2004 |
Ex Parte Thomas
green
1 sentence2004“A mistrial is a drastic remedy that should be used sparingly and only to prevent manifest injustice.” Hammonds v. State, 111 So.2d 750, 767 (Ala.Crim.App.1999) (citing Ex parte Thomas, 625 So.2d 1156 (Ala.1993)), aff'd, 777 So.2d 777 (Ala.2000). | 1 | 2004–2004 |
Miller v. California
green
2 sentences1998Cole cites cases construing Alabama's general obscenity laws, found in § 13A-12-200.1 , et.al. , Ala. Code 1975, which incorporate the test for determining whether material is obscene found in Miller v. California , 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973). 1998Cole cites cases construing Alabama's general obscenity laws, found in § 13A-12-200.1 , et.al. , Ala. Code 1975, which incorporate the test for determining whether material is obscene found in Miller v. California , 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973). | 1 | 1998–1998 |
Quillen v. Quillen
green
1 sentence1981Quillen, supra; Lamson Sessions Bolt Co., supra. Mrs. Bennett, through able counsel, argues on appeal that the trial court erred in granting Mr. Cole's motion for judgment notwithstanding the verdict because the issue regarding her knowledge of the danger was one for the jury. | 1 | 1981–1981 |
Commissioners Court of Pike County v. City of Troy
neutral
1 sentence1919Marietta Co. v. Blair, 173 Ala. 524 , 56 South. 131 . | 1 | 1919–1919 |
Marietta Fertilizer Co. v. Blair
green
1 sentence1919Marietta Co. v. Blair, 173 Ala. 524 , 56 South. 131 . | 1 | 1919–1919 |
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.