Tedder standard in Alabama

9 Alabama opinions name it 2 courts 1984–1997 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.

Followed or applied (5)

Case	Followed	Cited
Ex Parte Jonesgreen ala · 1984 · cited in 6 Alabama opinions naming this issue, 1986–1997 2 sentences 1997As we held in Bush v. State, 695 So.2d 70, 94 (Ala.Cr.App.1995): "The Tedder standard is not constitutionally mandated, Harris v. Alabama; Ex parte Jones[, 456 So.2d 380 (Ala. 1984)], and we have chosen not to read the Tedder standard into our death penalty statute. 1997As we held in Bush v. State, 695 So.2d 70, 94 (Ala.Cr.App.1995): "The Tedder standard is not constitutionally mandated, Harris v. Alabama; Ex parte Jones[, 456 So.2d 380 (Ala. 1984)], and we have chosen not to read the Tedder standard into our death penalty statute.	1	6
Tedder v. Stategreen fla · 1975 · cited in 3 Alabama opinions naming this issue, 1984–1991 2 sentences 1991Tedder v. State, 322 So.2d 908, 910 (Fla.1975), requires that in order for a trial judge to reject a jury's recommendation of life without parole, "the facts suggesting a sentence of death [must be] so clear and convincing that virtually no reasonable person could differ." The "Tedder standard" is not constitutionally required. 1986Appellant relies on Tedder v. State , *Page 16 322 So.2d 908 , 910 (Fla. 1975), for the proposition that a trial judge may not impose a death sentence unless "the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." In Jones v. State , 456 So.2d 380 , 382-83 (Ala. 1984), cert. denied, 470 U.S. 1062 , 105 S.Ct. 1779 , 84 L.Ed.2d 838 (1985), the Alabama Supreme Court held that the Tedder standard is not constitutionally required.	1	3
Bush v. Stategreen alacrimapp · 1996 · cited in 1 Alabama opinions naming this issue, 1997–1997 2 sentences 1997As we held in Bush v. State, 695 So.2d 70, 94 (Ala.Cr.App.1995): "The Tedder standard is not constitutionally mandated, Harris v. Alabama; Ex parte Jones[, 456 So.2d 380 (Ala. 1984)], and we have chosen not to read the Tedder standard into our death penalty statute. 1997As we held in Bush v. State, 695 So.2d 70, 94 (Ala.Cr.App.1995): "The Tedder standard is not constitutionally mandated, Harris v. Alabama; Ex parte Jones[, 456 So.2d 380 (Ala. 1984)], and we have chosen not to read the Tedder standard into our death penalty statute.	1	1
Harris v. Stategreen alacrimapp · 1992 · cited in 1 Alabama opinions naming this issue, 1993–1993 2 sentences 1993See, e.g., Harris v. State, 632 So.2d 503 (Ala.Crim.App.1992); Murry v. State, 455 So.2d 53 (Ala.Crim.App.1983). 1993See, e.g., Harris v. State, 632 So.2d 503 (Ala.Crim.App.1992); Murry v. State, 455 So.2d 53 (Ala.Crim.App.1983).	1	1
Dobbert v. Floridagreen scotus · 1977 · cited in 1 Alabama opinions naming this issue, 1989–1989 2 sentences 1989See Dobbert v. Florida , 432 U.S. 282 , 294-295 , 97 S.Ct. 2290 , 2298-2299 , 53 L.Ed.2d 344 (1977). 1989See Dobbert v. Florida , 432 U.S. 282 , 294-295 , 97 S.Ct. 2290 , 2298-2299 , 53 L.Ed.2d 344 (1977).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

Case	Cited	Years
Stull v. United States green scotus · 1985 2 sentences 1986Appellant relies on Tedder v. State , Page 16 322 So.2d 908 , 910 (Fla. 1975), for the proposition that a trial judge may not impose a death sentence unless "the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." In Jones v. State , 456 So.2d 380 , 382-83 (Ala. 1984), cert. denied, 470 U.S. 1062 , 105 S.Ct. 1779 , 84 L.Ed.2d 838 (1985), the Alabama Supreme Court held that the Tedder standard is not constitutionally required. 1986Appellant relies on Tedder v. State , Page 16 322 So.2d 908 , 910 (Fla. 1975), for the proposition that a trial judge may not impose a death sentence unless "the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." In Jones v. State , 456 So.2d 380 , 382-83 (Ala. 1984), cert. denied, 470 U.S. 1062 , 105 S.Ct. 1779 , 84 L.Ed.2d 838 (1985), the Alabama Supreme Court held that the Tedder standard is not constitutionally required.	2	1986–1991
Jones v. Alabama green scotus · 1985 2 sentences 1986Appellant relies on Tedder v. State , Page 16 322 So.2d 908 , 910 (Fla. 1975), for the proposition that a trial judge may not impose a death sentence unless "the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." In Jones v. State , 456 So.2d 380 , 382-83 (Ala. 1984), cert. denied, 470 U.S. 1062 , 105 S.Ct. 1779 , 84 L.Ed.2d 838 (1985), the Alabama Supreme Court held that the Tedder standard is not constitutionally required. 1986Appellant relies on Tedder v. State , Page 16 322 So.2d 908 , 910 (Fla. 1975), for the proposition that a trial judge may not impose a death sentence unless "the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." In Jones v. State , 456 So.2d 380 , 382-83 (Ala. 1984), cert. denied, 470 U.S. 1062 , 105 S.Ct. 1779 , 84 L.Ed.2d 838 (1985), the Alabama Supreme Court held that the Tedder standard is not constitutionally required.	2	1986–1991
Linell v. Arkansas green scotus · 1985 2 sentences 1986Appellant relies on Tedder v. State , Page 16 322 So.2d 908 , 910 (Fla. 1975), for the proposition that a trial judge may not impose a death sentence unless "the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." In Jones v. State , 456 So.2d 380 , 382-83 (Ala. 1984), cert. denied, 470 U.S. 1062 , 105 S.Ct. 1779 , 84 L.Ed.2d 838 (1985), the Alabama Supreme Court held that the Tedder standard is not constitutionally required. 1986Appellant relies on Tedder v. State , Page 16 322 So.2d 908 , 910 (Fla. 1975), for the proposition that a trial judge may not impose a death sentence unless "the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." In Jones v. State , 456 So.2d 380 , 382-83 (Ala. 1984), cert. denied, 470 U.S. 1062 , 105 S.Ct. 1779 , 84 L.Ed.2d 838 (1985), the Alabama Supreme Court held that the Tedder standard is not constitutionally required.	2	1986–1991
Murry v. State green alacrimapp · 1983 2 sentences 1993See, e.g., Harris v. State, 632 So.2d 503 (Ala.Crim.App.1992); Murry v. State, 455 So.2d 53 (Ala.Crim.App.1983). 1993See, e.g., Harris v. State, 632 So.2d 503 (Ala.Crim.App.1992); Murry v. State, 455 So.2d 53 (Ala.Crim.App.1983).	1	1993–1993
Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections green ca11 · 1990 1 sentence 1991Johnson v. Dugger, 911 F.2d at 452 ; [2] Ex parte Jones, 456 So.2d 380, 382 (Ala.1984), cert. denied, 470 U.S. 1062 , 105 S.Ct. 1779 , 84 L.Ed.2d 838 (1985).	1	1991–1991

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-47 (4) AL § Ala. Code § 13A-5-51 (4) AL § Ala. Code § 13A-5-53 (4) AL § Ala. Code § 13A-5-40 (3) AL § Ala. Code § 13A-5-49 (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

FL 29 (1984–2018) AL 9 (1984–1997) DE 3 (2003–2016)

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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