remand hearing (Alabama) · Go Syfert
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remand hearing in Alabama

10 Alabama opinions name it 3 courts 1980–2024 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.

Followed or applied (5)

CaseFollowedCited
Escambia Cnty. Bd. of Educ. v. Lambertgreen
alacivapp · 2016 · cited in 1 Alabama opinions naming this issue, 2017–2017
1 sentence

2017Ex parte Lambert , 199 So.3d 769 -70 (Shaw, J., concurring in part and dissenting in part, joined by Stuart and Bolin, JJ.)." 255 So.3d at 202 (footnote omitted).

11
Rubrigi v. Rubrigigreen
alacivapp · 1993 · cited in 1 Alabama opinions naming this issue, 1999–1999
1 sentence

1999Both parties rely upon Rubrigi v. Rubrigi, 630 So.2d 67, 68 (Ala.Civ.App.1993), wherein this court stated: “When a trial court receives ore tenus evidence in a case involving child support arrearage, its judgment is presumed correct and will be set aside only when it is plainly and palpably wrong.” Here, the trial court was at a disadvantage when recalculating the child-support arrearage because the trial exhibits had been misplaced at the time of the remand hearing.

11
Life Ins. Co. of Georgia v. Parkergreen
ala · 1997 · cited in 1 Alabama opinions naming this issue, 1998–1998
1 sentence

1998In our first opinion in this case, *Page 620 Life Insurance Co. of Georgia v. Parker , 706 So.2d 1108 (Ala. 1997) (" Parker I "), 1 we affirmed the judgment insofar as it held the evidence sufficient to support a punitive award, but we remanded the case for the trial court to consider whether the punitive-damages award was excessive.

11
Forrest Silva Tucker v. United Statesgreen
ca9 · 1956 · cited in 1 Alabama opinions naming this issue, 1980–1980
1 sentence

1980See, Tucker v. United States , 235 F.2d 238 (9th Cir. 1956), and People v. Owens , 69 Ill.

11
People v. Owensgreen
illappct · 1979 · cited in 1 Alabama opinions naming this issue, 1980–1980
1 sentence

1980See, Tucker v. United States , 235 F.2d 238 (9th Cir. 1956), and People v. Owens , 69 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Wilson v. State green
alacrimapp · 2005
1 sentence

2024This argument is raised for the first time on appeal and is premised on Wilson's mistaken belief that in Wilson v. State, 911 So. 2d 40 (Ala. Crim.

12024–2024
Wiggins v. Smith, Warden green
scotus · 2003
2 sentences

2005Clemons offered evidence in this remand hearing of two expert witnesses who were paid approximately $40,000 to offer dubious evidence that Clemons is ‘brain damaged.’ “In addition, this case does not present the situation like the one in Wiggins v. Smith, 539 U.S. 510 , 123 S.Ct. 2527 (2003), especially when considering that trial counsel had a plan to present mitigating evidence that would humanize Clemons....

2005Clemons offered evidence in this remand hearing of two expert witnesses who were paid approximately $40,000 to offer dubious evidence that Clemons is ‘brain damaged.’ “In addition, this case does not present the situation like the one in Wiggins v. Smith, 539 U.S. 510 , 123 S.Ct. 2527 (2003), especially when considering that trial counsel had a plan to present mitigating evidence that would humanize Clemons....

12005–2005
Atkins v. Virginia green
scotus · 2002
2 sentences

2005Tarver's death sentence violates Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002), and constitutes cruel and unusual punishment.

2005Tarver's death sentence violates Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002), and constitutes cruel and unusual punishment.

12005–2005
Pace v. State green
alacrimapp · 1996
2 sentences

2000At the remand hearing, the State presented four exhibits to support its position: 1) the initial indictment charging Campbell on July 31, 1986, with reckless murder, burglary-murder, and burglary in the first degree for the events occurring on June 5, 1986; 2) a case action summary sheet referencing the initial indictment, assigning case number CC-86-716 to the indictment, and showing a nolle prosequi of the indictment on June 13, 1991; 3) an intervening indictment charging Campbell on May 3, 1991, for various counts of murder and burglary in the third degree for the events occurring on June 5

2000At the remand hearing, the State presented four exhibits to support its position: 1) the initial indictment charging Campbell on July 31, 1986, with reckless murder, burglary-murder, and burglary in the first degree for the events occurring on June 5, 1986; 2) a case action summary sheet referencing the initial indictment, assigning case number CC-86-716 to the indictment, and showing a nolle prosequi of the indictment on June 13, 1991; 3) an intervening indictment charging Campbell on May 3, 1991, for various counts of murder and burglary in the third degree for the events occurring on June 5

12000–2000
Pace v. State green
ala · 1997
2 sentences

2000At the remand hearing, the State presented four exhibits to support its position: 1) the initial indictment charging Campbell on July 31, 1986, with reckless murder, burglary-murder, and burglary in the first degree for the events occurring on June 5, 1986; 2) a case action summary sheet referencing the initial indictment, assigning case number CC-86-716 to the indictment, and showing a nolle prosequi of the indictment on June 13, 1991; 3) an intervening indictment charging Campbell on May 3, 1991, for various counts of murder and burglary in the third degree for the events occurring on June 5

2000At the remand hearing, the State presented four exhibits to support its position: 1) the initial indictment charging Campbell on July 31, 1986, with reckless murder, burglary-murder, and burglary in the first degree for the events occurring on June 5, 1986; 2) a case action summary sheet referencing the initial indictment, assigning case number CC-86-716 to the indictment, and showing a nolle prosequi of the indictment on June 13, 1991; 3) an intervening indictment charging Campbell on May 3, 1991, for various counts of murder and burglary in the third degree for the events occurring on June 5

12000–2000
Batson v. Kentucky green
scotus · 1986
2 sentences

1992(While the prosecution asserted in the remand hearing that Bui did not present a prima facie case of discrimination, the attorney general abandoned that stance on appeal.) Thus, we have remaining the question of whether the prosecution presented "a clear, specific, and legitimate reason for [each] challenge which relates to the particular case to be tried, and which is nondiscriminatory," id. at 623 (citing Batson, 476 U.S. at 97 , 106 S.Ct. at 1723 ) (emphasis in original).

1992(While the prosecution asserted in the remand hearing that Bui did not present a prima facie case of discrimination, the attorney general abandoned that stance on appeal.) Thus, we have remaining the question of whether the prosecution presented "a clear, specific, and legitimate reason for [each] challenge which relates to the particular case to be tried, and which is nondiscriminatory," id. at 623 (citing Batson, 476 U.S. at 97 , 106 S.Ct. at 1723 ) (emphasis in original).

11992–1992
Ex Parte Bird green
ala · 1991
1 sentence

1992(While the prosecution asserted in the remand hearing that Bui did not present a prima facie case of discrimination, the attorney general abandoned that stance on appeal.) Thus, we have remaining the question of whether the prosecution presented "a clear, specific, and legitimate reason for [each] challenge which relates to the particular case to be tried, and which is nondiscriminatory," id. at 623 (citing Batson, 476 U.S. at 97 , 106 S.Ct. at 1723 ) (emphasis in original).

11992–1992
Ex Parte State green
ala · 1988
1 sentence

1990"Based on these factors, and also based on the Court's observance of the District Attorney's demeanor while testifying both at the trial and the remand hearing, the Court finds that the District Attorney did not discriminate racially in his strikes of black jurors in this trial." The trial court's findings concerning the prosecutor's reasons for its strikes were proper pursuant to Scales v. State, 539 So.2d 1074 (Ala.1988).

11990–1990

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (3)

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.

Where else courts name it

PA 111 (1956–2026) NJ 77 (1965–2026) IL 54 (1973–2026) UT 48 (2001–2026) CA 47 (1985–2025) MI 36 (1971–2026) CT 33 (1982–2022) GA 21 (1988–2023) DC 19 (1986–2023) OH 19 (1984–2024) IA 18 (1971–2025) CO 18 (1990–2026) TX 16 (1935–2026) WA 16 (1970–2023) OR 14 (1972–2024) NY 14 (1978–2025) LA 13 (1987–2014) AL 10 (1980–2024) MD 10 (1968–2019) MO 10 (1981–2024) KS 10 (1978–2021) MN 9 (1988–2018) FL 9 (1983–2023) DE 8 (1996–2023) MS 8 (2003–2023) TN 8 (1998–2024) WY 8 (1989–2016) MA 8 (1984–2026) NC 7 (2012–2022) WI 7 (1984–2025) VA 6 (2002–2023) IN 6 (1981–2018) ND 6 (2001–2015) RI 4 (1979–2009) SD 4 (2002–2014) WV 4 (1981–1997) ID 3 (1983–2015) NM 3 (1998–2013) AK 3 (1978–2012) SC 3 (2000–2019) KY 3 (1977–2013) AZ 3 (1971–2025) HI 2 (2000–2005) VI 2 (2010–2016) VT 2 (2012–2016) ME 2 (2000–2006)

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.

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