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10 Alabama opinions name it 2 courts 1968–2022 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.
| Case | Followed | Cited |
|---|---|---|
Ex Parte Marekgreen2 sentences2022According to Largin, this testimony—and the prosecutor's comment on the testimony during rebuttal closing argument—was a violation of Ex parte Marek, 556 So. 2d 375 (Ala. 1989), which abolished the tacit- admission rule in pre-arrest situations. "…. 2015According to Largin, this testimony—and the prosecutor’s comment on the testimony during rebuttal closing argument—was a violation of Ex parte Marek, 556 So.2d 375 (Ala.1989), which abolished the tacit-admission rule in pre-arrest situations. | 2 | 7 |
Miranda v. Arizonagreen2 sentences1990The court further noted that "[a]lthough the constitutional impediments of the Fifth Amendment may not apply to a tacit admission occurring before an accused is arrested, Miranda, 384 U.S. at 444 [ 86 S.Ct. at 1612 ], ..., the fundamental logical problems with the rule remain." Id. at 382. 1990The court further noted that "[a]lthough the constitutional impediments of the Fifth Amendment may not apply to a tacit admission occurring before an accused is arrested, Miranda, 384 U.S. at 444 [ 86 S.Ct. at 1612 ], ..., the fundamental logical problems with the rule remain." Id. at 382. | 1 | 2 |
Ex Parte Brooksgreen2 sentences1993In Harris , the Court stated: "The crux of our holding is simply that it is fundamentally unfair and in violation of due process of law to inform a person under arrest that he has a right to remain silent and then permit an inference of guilt from that silence." 387 So.2d at 871 ; see also Ex parte Brooks, 562 So.2d 604 (Ala.1990). 1993In Harris , the Court stated: "The crux of our holding is simply that it is fundamentally unfair and in violation of due process of law to inform a person under arrest that he has a right to remain silent and then permit an inference of guilt from that silence." 387 So.2d at 871 ; see also Ex parte Brooks , 562 So.2d 604 (Ala. 1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Harris
green
2 sentences1993This Court, in Ex parte Marek, 556 So.2d 375, 382 (Ala.1989), abolished the tacit admission rule in pre-arrest situations "to the extent that the rule allows introduction of evidence of the accused's silence when confronted with an accusation." The Court also noted in Marek that the use of tacit admissions occurring after an individual has been given the Miranda warnings had been abolished in Ex parte Harris, 387 So.2d 868 (Ala.1980). 1993This Court, in Ex parte Marek , 556 So.2d 375 , 382 (Ala. 1989), abolished the tacit admission rule in pre-arrest situations "to the extent that the rule allows introduction of evidence of the accused's silence when confronted with an accusation." The Court also noted in Marek that the use of tacit admissions occurring after an individual has been given the Miranda warnings had been abolished in Ex parte Harris , 387 So.2d 868 (Ala. 1980). | 3 | 1989–1993 |
Smith v. State
green
2 sentences1980Thomas v. State, Ala.Cr.App., 365 So.2d 1013 (1978), cert. denied, Ala.S.Ct., 365 So.2d 1014 (1979); Tanner v. State, 23 Ala.App. 116 , 121 So. 693 (1929); Smith v. State, 23 Ala.App. 106 , 121 So. 692 (1929).” The identical question was presented in Thomas, supra, in which this court stated: “Inasmuch as the trial court here fixed the punishment instead of having this done by the trial jury, reversible error occurred. 1980Thomas v. State, Ala.Cr.App., 365 So.2d 1013 (1978), cert. denied, Ala.S.Ct., 365 So.2d 1014 (1979); Tanner v. State, 23 Ala.App. 116 , 121 So. 693 (1929); Smith v. State, 23 Ala.App. 106 , 121 So. 692 (1929).” The identical question was presented in Thomas, supra, in which this court stated: “Inasmuch as the trial court here fixed the punishment instead of having this done by the trial jury, reversible error occurred. | 1 | 1980–1980 |
Tanner v. State
green
2 sentences1980Thomas v. State, Ala.Cr.App., 365 So.2d 1013 (1978), cert. denied, Ala.S.Ct., 365 So.2d 1014 (1979); Tanner v. State, 23 Ala.App. 116 , 121 So. 693 (1929); Smith v. State, 23 Ala.App. 106 , 121 So. 692 (1929).” The identical question was presented in Thomas, supra, in which this court stated: “Inasmuch as the trial court here fixed the punishment instead of having this done by the trial jury, reversible error occurred. 1980Thomas v. State, Ala.Cr.App., 365 So.2d 1013 (1978), cert. denied, Ala.S.Ct., 365 So.2d 1014 (1979); Tanner v. State, 23 Ala.App. 116 , 121 So. 693 (1929); Smith v. State, 23 Ala.App. 106 , 121 So. 692 (1929).” The identical question was presented in Thomas, supra, in which this court stated: “Inasmuch as the trial court here fixed the punishment instead of having this done by the trial jury, reversible error occurred. | 1 | 1980–1980 |
Ex Parte Fuller
green
2 sentences1980Thomas v. State, Ala.Cr.App., 365 So.2d 1013 (1978), cert. denied, Ala.S.Ct., 365 So.2d 1014 (1979); Tanner v. State, 23 Ala.App. 116 , 121 So. 693 (1929); Smith v. State, 23 Ala.App. 106 , 121 So. 692 (1929).” The identical question was presented in Thomas, supra, in which this court stated: “Inasmuch as the trial court here fixed the punishment instead of having this done by the trial jury, reversible error occurred. 1980Thomas v. State, Ala.Cr.App., 365 So.2d 1013 (1978), cert. denied, Ala.S.Ct., 365 So.2d 1014 (1979); Tanner v. State, 23 Ala.App. 116 , 121 So. 693 (1929); Smith v. State, 23 Ala.App. 106 , 121 So. 692 (1929).” The identical question was presented in Thomas, supra, in which this court stated: “Inasmuch as the trial court here fixed the punishment instead of having this done by the trial jury, reversible error occurred. | 1 | 1980–1980 |
Thomas v. State
neutral
1 sentence1980Thomas v. State, Ala.Cr.App., 365 So.2d 1013 (1978), cert. denied, Ala.S.Ct., 365 So.2d 1014 (1979); Tanner v. State, 23 Ala.App. 116 , 121 So. 693 (1929); Smith v. State, 23 Ala.App. 106 , 121 So. 692 (1929).” The identical question was presented in Thomas, supra, in which this court stated: “Inasmuch as the trial court here fixed the punishment instead of having this done by the trial jury, reversible error occurred. | 1 | 1980–1980 |
Raymond v. State
neutral
2 sentences1968But the burden is in practice generally left upon the proponent to show that the requisite conditions existed; * * * ’ citing inter alia Raymond v. State, 154 Ala. 1 , 45 So. 895 . 1968But the burden is in practice generally left upon the proponent to show that the requisite conditions existed; * * * ’ citing inter alia Raymond v. State, 154 Ala. 1 , 45 So. 895 . | 1 | 1968–1968 |
Kennedy v. State
green
2 sentences1968In Robinson v. Morrison, 272 Ala. 552 , 133 So.2d 230 , it was observed as to the tacit admission rule: “Four Wigmore on Evidence, 3rd Edition, § 1071, p. 70, says that the rule grew up that anything said in a party’s presence was receivable against him as an admission, and that the effort of the courts was to dislodge the absolutism of the rule. 'He concludes with the follow *719 ing statement, quoted with’ approval in Kennedy v. State, [ 39 Ala.App. 676 , 107 So.2d 913 ,] supra: ‘ * * * it woui(j seem to be better to rule at least that any statement made in the party’s presence and hearing i 1968In Robinson v. Morrison, 272 Ala. 552 , 133 So.2d 230 , it was observed as to the tacit admission rule: “Four Wigmore on Evidence, 3rd Edition, § 1071, p. 70, says that the rule grew up that anything said in a party’s presence was receivable against him as an admission, and that the effort of the courts was to dislodge the absolutism of the rule. 'He concludes with the follow *719 ing statement, quoted with’ approval in Kennedy v. State, [ 39 Ala.App. 676 , 107 So.2d 913 ,] supra: ‘ * * * it woui(j seem to be better to rule at least that any statement made in the party’s presence and hearing i | 1 | 1968–1968 |
Commonwealth v. Dravecz
green
2 sentences1968This question was again before the Pennsylvania court in 1967 in Commonwealth v. Dravecz, 424 Pa. 582 , 227 A.2d 904 . 1968This question was again before the Pennsylvania court in 1967 in Commonwealth v. Dravecz, 424 Pa. 582 , 227 A.2d 904 . | 1 | 1968–1968 |
Robinson v. Morrison
neutral
2 sentences1968In Robinson v. Morrison, 272 Ala. 552 , 133 So.2d 230 , it was observed as to the tacit admission rule: “Four Wigmore on Evidence, 3rd Edition, § 1071, p. 70, says that the rule grew up that anything said in a party’s presence was receivable against him as an admission, and that the effort of the courts was to dislodge the absolutism of the rule. 'He concludes with the follow *719 ing statement, quoted with’ approval in Kennedy v. State, [ 39 Ala.App. 676 , 107 So.2d 913 ,] supra: ‘ * * * it woui(j seem to be better to rule at least that any statement made in the party’s presence and hearing i 1968In Robinson v. Morrison, 272 Ala. 552 , 133 So.2d 230 , it was observed as to the tacit admission rule: “Four Wigmore on Evidence, 3rd Edition, § 1071, p. 70, says that the rule grew up that anything said in a party’s presence was receivable against him as an admission, and that the effort of the courts was to dislodge the absolutism of the rule. 'He concludes with the follow *719 ing statement, quoted with’ approval in Kennedy v. State, [ 39 Ala.App. 676 , 107 So.2d 913 ,] supra: ‘ * * * it woui(j seem to be better to rule at least that any statement made in the party’s presence and hearing i | 1 | 1968–1968 |
Commonwealth v. Vallone
green
2 sentences1968It has not been free from pungent criticism, however, and one of the most perceptive criticisms of the rule is to be found in the dissenting opinion of the then Chief Justice Maxey of the Supreme Court of Pennsylvania in Commonwealth v. Vallone, 347 Pa. 419 , 32 A.2d 889 . 1968It has not been free from pungent criticism, however, and one of the most perceptive criticisms of the rule is to be found in the dissenting opinion of the then Chief Justice Maxey of the Supreme Court of Pennsylvania in Commonwealth v. Vallone, 347 Pa. 419 , 32 A.2d 889 . | 1 | 1968–1968 |
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.