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9 Alabama opinions name it 4 courts 1958–2010 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 |
|---|---|---|
Nance by and Through Nance v. Matthewsgreen1 sentence2008The trial court denied the postjudgment motion, and this appeal followed. 3 Standard of Revieiv The trial court granted Allen’s motion to dismiss the Board’s complaint on the basis that the Board did not have standing to enforce § 36 — 25—9(c), Ala.Code 1975. “ ‘The standard of review of the grant of a motion to dismiss ... was set out in Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993): “ ‘ “On appeal, a dismissal is not entitled to a presumption of correctness. | 1 | 1 |
Nix v. Stategreen1 sentence2007In his discourse regarding the State’s failure to offer certified copies to prove his prior convictions, Allen asserts in his brief that, “[Allen] shows in the record, he only stipulates to the fact of two prior felonies, this does not in no way negate the prior notice burden of the State.” (Allen’s brief at p. 7.) Contrary to Allen’s assertion, this Court has stated the following: “ ‘ “The admission by a defendant of a prior conviction constitutes proper proof to enhance that defendant’s sentence under the Habitual Offender Act.” ’ Nix v. State, 747 So.2d 351, 357 (Ala.Crim.App.1999) (quoting | 1 | 1 |
Brown v. Stategreen1 sentence2007In his discourse regarding the State’s failure to offer certified copies to prove his prior convictions, Allen asserts in his brief that, “[Allen] shows in the record, he only stipulates to the fact of two prior felonies, this does not in no way negate the prior notice burden of the State.” (Allen’s brief at p. 7.) Contrary to Allen’s assertion, this Court has stated the following: “ ‘ “The admission by a defendant of a prior conviction constitutes proper proof to enhance that defendant’s sentence under the Habitual Offender Act.” ’ Nix v. State, 747 So.2d 351, 357 (Ala.Crim.App.1999) (quoting | 1 | 1 |
Daniel v. Stategreen1 sentence2007In his discourse regarding the State’s failure to offer certified copies to prove his prior convictions, Allen asserts in his brief that, “[Allen] shows in the record, he only stipulates to the fact of two prior felonies, this does not in no way negate the prior notice burden of the State.” (Allen’s brief at p. 7.) Contrary to Allen’s assertion, this Court has stated the following: “ ‘ “The admission by a defendant of a prior conviction constitutes proper proof to enhance that defendant’s sentence under the Habitual Offender Act.” ’ Nix v. State, 747 So.2d 351, 357 (Ala.Crim.App.1999) (quoting | 1 | 1 |
Martin v. Stategreen2 sentences2007In his discourse regarding the State’s failure to offer certified copies to prove his prior convictions, Allen asserts in his brief that, “[Allen] shows in the record, he only stipulates to the fact of two prior felonies, this does not in no way negate the prior notice burden of the State.” (Allen’s brief at p. 7.) Contrary to Allen’s assertion, this Court has stated the following: “ ‘ “The admission by a defendant of a prior conviction constitutes proper proof to enhance that defendant’s sentence under the Habitual Offender Act.” ’ Nix v. State, 747 So.2d 351, 357 (Ala.Crim.App.1999) (quoting 2007See also Martin v. State, 687 So.2d 1253, 1256 (Ala.Crim.App.1996); Hayes v. State, 647 So.2d 11 (Ala.Crim.App.1994); Connolly v. State, 602 So.2d 452 (Ala.1992); Tatum v. State, 607 So.2d 383 (Ala.Crim.App.1992); Loftin v. City of Montgomery, 480 So.2d 603 (Ala.Crim.App.1985); Burrell v. State, 429 So.2d 636 (Ala.Crim.App.1982). | 1 | 1 |
Howell Pipeline Co. v. Terra Resourcesgreen1 sentence1994In Martin v. First Federal Savings & Loan Association of Andalusia, 559 So.2d 1075, 1079 (Ala.1990), this Court stated: “In Howell Pipeline Co. v. Terra Resources, Inc., 454 So.2d 1353, 1356 (Ala. 1984), we noted the development of a three-pronged test by which the trial court can review a motion for a preliminary injunction: “ ‘(1) “ ■ ■ • if [the trial judge] finds that the party has presented a fair question as to the existence of the right to be protected, and further finds that temporary interference to preserve the status quo is convenient and expedient, then he may exercise his discreti | 1 | 1 |
Martin v. FIRST FEDERAL SAV. & LOANgreen1 sentence1994In Martin v. First Federal Savings & Loan Association of Andalusia, 559 So.2d 1075, 1079 (Ala.1990), this Court stated: “In Howell Pipeline Co. v. Terra Resources, Inc., 454 So.2d 1353, 1356 (Ala. 1984), we noted the development of a three-pronged test by which the trial court can review a motion for a preliminary injunction: “ ‘(1) “ ■ ■ • if [the trial judge] finds that the party has presented a fair question as to the existence of the right to be protected, and further finds that temporary interference to preserve the status quo is convenient and expedient, then he may exercise his discreti | 1 | 1 |
Mallory v. Stategreen2 sentences1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e 1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e | 1 | 1 |
McLendon v. Stategreen2 sentences1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e 1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e | 1 | 1 |
Roper v. Holbrookgreen2 sentences1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e 1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e | 1 | 1 |
Wolin v. United Statesgreen2 sentences1958See Wolin v. United States, 4 Cir., 211 F.2d 770 , for an example of the use of the Allen instruction. 1958See Wolin v. United States, 4 Cir., 211 F.2d 770 , for an example of the use of the Allen instruction. | 1 | 1 |
Johnson v. Stategreen2 sentences1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e 1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e | 1 | 1 |
State v. Rogersgreen2 sentences1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e 1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hicks v. Alabama Pest Services, Inc.
green
2 sentences2010Accordingly, because the summary judgment in favor of EBMC did not become a *909 final, appealable judgment upon its certification as a final judgment pursuant to Rule 54(b) if Allen's challenge to that certification is meritorious, see Schlarb, and, hence, his appeal would be timely with respect to that summary judgment if his challenge to that certification is meritorious, id., I would address the merits of Allen's challenge to the validity of the Rule 54(b) certification of the summary judgment in favor of EBMC and, if it were determined that that certification was invalid, I would address 2010Accordingly, because the summary judgment in favor of EBMC did not become a final, appealable judgment upon its certification as a final judgment pursuant to Rule 54(b) if Allen’s challenge to that certification is meritorious, see Schlarb, and, hence, his appeal would be timely with respect to that summary judgment if his challenge to that certification is meritorious, id., I would address the merits of Allen’s challenge to the validity of the Rule 54(b) certification of the summary judgment in favor of EBMC and, if it were determined that that certification was invalid, I would address the m | 1 | 2010–2010 |
Hayes v. State
green
1 sentence2007See also Martin v. State, 687 So.2d 1253, 1256 (Ala.Crim.App.1996); Hayes v. State, 647 So.2d 11 (Ala.Crim.App.1994); Connolly v. State, 602 So.2d 452 (Ala.1992); Tatum v. State, 607 So.2d 383 (Ala.Crim.App.1992); Loftin v. City of Montgomery, 480 So.2d 603 (Ala.Crim.App.1985); Burrell v. State, 429 So.2d 636 (Ala.Crim.App.1982). | 1 | 2007–2007 |
Tatum v. State
green
1 sentence2007See also Martin v. State, 687 So.2d 1253, 1256 (Ala.Crim.App.1996); Hayes v. State, 647 So.2d 11 (Ala.Crim.App.1994); Connolly v. State, 602 So.2d 452 (Ala.1992); Tatum v. State, 607 So.2d 383 (Ala.Crim.App.1992); Loftin v. City of Montgomery, 480 So.2d 603 (Ala.Crim.App.1985); Burrell v. State, 429 So.2d 636 (Ala.Crim.App.1982). | 1 | 2007–2007 |
Ex Parte State
green
1 sentence2007See also Martin v. State, 687 So.2d 1253, 1256 (Ala.Crim.App.1996); Hayes v. State, 647 So.2d 11 (Ala.Crim.App.1994); Connolly v. State, 602 So.2d 452 (Ala.1992); Tatum v. State, 607 So.2d 383 (Ala.Crim.App.1992); Loftin v. City of Montgomery, 480 So.2d 603 (Ala.Crim.App.1985); Burrell v. State, 429 So.2d 636 (Ala.Crim.App.1982). | 1 | 2007–2007 |
Loftin v. City of Montgomery
neutral
1 sentence2007See also Martin v. State, 687 So.2d 1253, 1256 (Ala.Crim.App.1996); Hayes v. State, 647 So.2d 11 (Ala.Crim.App.1994); Connolly v. State, 602 So.2d 452 (Ala.1992); Tatum v. State, 607 So.2d 383 (Ala.Crim.App.1992); Loftin v. City of Montgomery, 480 So.2d 603 (Ala.Crim.App.1985); Burrell v. State, 429 So.2d 636 (Ala.Crim.App.1982). | 1 | 2007–2007 |
Burrell v. State
green
1 sentence2007See also Martin v. State, 687 So.2d 1253, 1256 (Ala.Crim.App.1996); Hayes v. State, 647 So.2d 11 (Ala.Crim.App.1994); Connolly v. State, 602 So.2d 452 (Ala.1992); Tatum v. State, 607 So.2d 383 (Ala.Crim.App.1992); Loftin v. City of Montgomery, 480 So.2d 603 (Ala.Crim.App.1985); Burrell v. State, 429 So.2d 636 (Ala.Crim.App.1982). | 1 | 2007–2007 |
Allen v. State
green
1 sentence2002This would place circuit courts in the untenable position of either having to wait a long period of time before issuing rulings on pro se petitions on the chance that a petitioner may have mailed an amendment to the petitions, or having to set aside rulings, perhaps on a frequent basis, whenever they receive an amendment after a ruling has been issued, if the pertinent document indicates that it was given to prison officials for mailing before the ruling." 825 So.2d at 268 . | 1 | 2002–2002 |
Boothby Realty Co. v. Haygood
green
2 sentences1986Molton argues that probable cause can be found to exist in the present action based on the trial court's denial, in the first action, of Mrs. Allen's motion for summary judgment and its initial denial of her motion for directed verdict, citing Boothby Realty Co. v. Haywood , 269 Ala. 549 , 114 So.2d 555 (1959). 1986Molton argues that probable cause can be found to exist in the present action based on the trial court's denial, in the first action, of Mrs. Allen's motion for summary judgment and its initial denial of her motion for directed verdict, citing Boothby Realty Co. v. Haywood , 269 Ala. 549 , 114 So.2d 555 (1959). | 1 | 1986–1986 |
Jewell v. Jackson & Whitsitt Cotton Co.
green
1 sentence1986Cf. Jewell v. Jackson Whitsitt Cotton Co. , 331 So.2d 623 (Ala. 1976). | 1 | 1986–1986 |
Ex Parte Snider
neutral
1 sentence1984When we view the evidence in the light most favorable to the State, as we are required to do, see Snider v. State , 406 So.2d 1008 , 1012 (Ala.Cr.App.), cert. denied, 406 So.2d 1015 (Ala. 1981), the State's case was more than sufficient to prove that Allen and Stringer set out to find and kill Andrews on the night in question, and that Andrews was in fact shot by Stringer following Allen's instruction. | 1 | 1984–1984 |
Snider v. State
green
1 sentence1984When we view the evidence in the light most favorable to the State, as we are required to do, see Snider v. State , 406 So.2d 1008 , 1012 (Ala.Cr.App.), cert. denied, 406 So.2d 1015 (Ala. 1981), the State's case was more than sufficient to prove that Allen and Stringer set out to find and kill Andrews on the night in question, and that Andrews was in fact shot by Stringer following Allen's instruction. | 1 | 1984–1984 |
Foster v. Foster
green
1 sentence1983We do not consider the contempt decree, since it was not brought here by petition for writ of certiorari, Foster v. Foster , 409 So.2d 833 (Ala.Civ.App. 1981), nor addressed in Allen's brief. | 1 | 1983–1983 |
Boshell v. Keith
green
1 sentence1983Boshell v. Keith , 418 So.2d 89 (Ala. 1982). | 1 | 1983–1983 |
Hannon v. State
green
2 sentences1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e 1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e | 1 | 1958–1958 |
Secor v. State
green
2 sentences1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e 1958Cases which tend to support the remarks of the trial judge in this appeal as to expense are: Hannon v. State, 70 Wis. 448 , 36 N.W. 1 (“The county ought not to be subjected to the costs of another trial, if it can be avoided.”) ; also Secor v. State, 118 Wis. 621 , 95 N.W. 942 ; Johnson v. State, 60 Ark. 45 , 28 S.W. 792, 793 (jury out 58 hours — “This case has been a great expense to the county * * * and it ought to be decided; and, while I do not ask you to yield any question of conscience, you must not be obstinate * * * ”); Mallory v. State, 141 Ark. 496 , 217 S.W. 482, 483 (special judg-e | 1 | 1958–1958 |
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.