sustained defense in Alabama

2013Id.

1994"It is familiar law that an adverse ruling below is a prerequisite to appellate review." CSX Transp., Inc. v. Day , 613 So.2d 883 , 884 (Ala. 1993).

1994Defense counsel was not ineffective for failing to move for a mistrial because the court's curative instruction removed any need for such drastic action. " ' "There is a prima facie presumption against error when the trial court immediately charges the jury to disregard the improper remarks." ' " Hagood v. State , 588 So.2d at 532 . (d) The appellant contends that the prosecutor informed the jury that codefendant Phillip Tomlin had previously been convicted of a capital offense.

1992Harrell v. State , 555 So.2d 257 , 259 (Ala.Cr.App.), affirmed, 555 So.2d 263 (Ala. 1989). *Page 1164 3) The trial court sustained defense counsel's objection to the prosecutor's argument in closing argument that the appellant "made the worst witness that I have ever seen." R. 95.

1992Harrell v. State , 555 So.2d 257 , 259 (Ala.Cr.App.), affirmed, 555 So.2d 263 (Ala. 1989). *Page 1164 3) The trial court sustained defense counsel's objection to the prosecutor's argument in closing argument that the appellant "made the worst witness that I have ever seen." R. 95.

1992Cf. Samuels v. State, 584 So.2d 958 (Ala.Cr.App.), cert. denied, 584 So.2d 963 (Ala.1991) (although defendant alleged that trial court improperly denied his motion for judgment of acquittal, any error was harmless because he was acquitted of this charge).

1992Cf. Samuels v. State, 584 So.2d 958 (Ala.Cr.App.), cert. denied, 584 So.2d 963 (Ala.1991) (although defendant alleged that trial court improperly denied his motion for judgment of acquittal, any error was harmless because he was acquitted of this charge).

1991Dixon v. State, 476 So.2d 1236 (Ala.Cr.App.1985) (prosecutor's argument attempting to inject criminal record of defense witness into evidence was cured by trial court's sustaining of objections and giving instructions to the jury that there was no evidence of prior criminal conduct of the witness).

1988Channell v. State, 477 So.2d 522 (Ala.Cr.App.1985).

1988Cf. Brown v. State, supra , (wherein the prosecutor stated in his opening statement that he expected the judge to charge "that criminally negligent homicide is also a defense"; although this court acknowledged that the prediction was premature, as no evidence had yet been presented to the jury and the prosecutor's reference to "criminally negligent homicide" as a "defense" was incorrect, the trial judge cured the error by sustaining the defense counsel's objection); McGuire v. State , 401 So.2d 142 (Ala.Cr.App.), cert. denied, 401 So.2d 147 (Ala. 1981) (wherein the trial court properly sustain

1988Cf. Brown v. State, supra , (wherein the prosecutor stated in his opening statement that he expected the judge to charge "that criminally negligent homicide is also a defense"; although this court acknowledged that the prediction was premature, as no evidence had yet been presented to the jury and the prosecutor's reference to "criminally negligent homicide" as a "defense" was incorrect, the trial judge cured the error by sustaining the defense counsel's objection); McGuire v. State , 401 So.2d 142 (Ala.Cr.App.), cert. denied, 401 So.2d 147 (Ala. 1981) (wherein the trial court properly sustain

1987Bell v. State , 466 So.2d 167 (Ala.Cr.App. 1985) (where the appellant's objection was sustained and no adverse ruling given, the matter could not be raised on appeal).