voluntary and knowing waiver in Alabama

1999Bush v. State, 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State, 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State, 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State, 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted). "

1998Bush v. State , 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State , 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State , 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State , 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted

1999Bush v. State, 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State, 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State, 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State, 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted). "

1998Bush v. State , 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State , 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State , 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State , 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted

1999Bush v. State, 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State, 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State, 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State, 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted). "

1998Bush v. State , 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State , 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State , 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State , 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted

1999Bush v. State, 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State, 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State, 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State, 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted). "

1999Bush v. State, 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State, 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State, 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State, 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted). "

2000Rule 45A, Ala.R.App.P. "`Extrajudicial confessions are prima facie involuntary and inadmissible, and the burden is upon the state to show voluntariness and a Miranda predicate in order for them to be admissible.' Mitchell v. State, 706 So.2d 787, 801 (Ala.Cr.App. 1997) (citations omitted). "`The general rule is that for a confession to be admissible the state must show that the defendant was advised of his rights, as required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and its progeny, and that the defendant gave the statement after making a voluntary and knowi

2000Rule 45A, Ala.R.App.P. "`Extrajudicial confessions are prima facie involuntary and inadmissible, and the burden is upon the state to show voluntariness and a Miranda predicate in order for them to be admissible.' Mitchell v. State, 706 So.2d 787, 801 (Ala.Cr.App. 1997) (citations omitted). "`The general rule is that for a confession to be admissible the state must show that the defendant was advised of his rights, as required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and its progeny, and that the defendant gave the statement after making a voluntary and knowi

2000Rule 45A, Ala.R.App.P. "`Extrajudicial confessions are prima facie involuntary and inadmissible, and the burden is upon the state to show voluntariness and a Miranda predicate in order for them to be admissible.' Mitchell v. State, 706 So.2d 787, 801 (Ala.Cr.App. 1997) (citations omitted). "`The general rule is that for a confession to be admissible the state must show that the defendant was advised of his rights, as required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and its progeny, and that the defendant gave the statement after making a voluntary and knowi

1999Bush v. State, 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State, 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State, 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State, 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted). "

1999Bush v. State, 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State, 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State, 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State, 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted). "

1998Bush v. State , 523 So.2d 538 (Ala.Cr.App. 1988); Magwood v. State , 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala. 1986), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986)." Robinson v. State , 698 So.2d 1160 , 1162 (Ala.Cr.App. 1996), cert. denied, 698 So.2d 1165 (Ala. 1997). "`Whether a waiver is voluntarily, knowingly, and intelligently made depends upon the particular underlying facts and circumstances of each case, including the background, experience, and conduct of the accused.'" Langley v. State , 641 So.2d 339 , 340 (Ala.Cr.App. 1994) (citations omitted

1995Lewis v. State; Magwood v. State , 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala.), cert. denied, 479 U.S. 955 [995, 107 S.Ct. 599 , 93 L.Ed.2d 599 ] (1986). " 'The true test of voluntariness of extrajudicial confessions is whether, under all surrounding circumstances, they have been induced by a threat or a promise, express or implied, operating to produce in the mind of the prisoner apprehension of harm or hope of favor; such confessions must be excluded from the consideration of the jury as having been procured by undue influence.' " Ex parte Weeks , 531 So.2d 643 , 644 (Ala.

1995Lewis v. State; Magwood v. State , 494 So.2d 124 (Ala.Cr.App. 1985), aff'd, 494 So.2d 154 (Ala.), cert. denied, 479 U.S. 955 [995, 107 S.Ct. 599 , 93 L.Ed.2d 599 ] (1986). " 'The true test of voluntariness of extrajudicial confessions is whether, under all surrounding circumstances, they have been induced by a threat or a promise, express or implied, operating to produce in the mind of the prisoner apprehension of harm or hope of favor; such confessions must be excluded from the consideration of the jury as having been procured by undue influence.' " Ex parte Weeks , 531 So.2d 643 , 644 (Ala.

1987We hold today that a suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings." Id., at 318 , 105 S.Ct. at 1298 .

1987We hold today that a suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings." Id., at 318 , 105 S.Ct. at 1298 .

1987This Court found that the overwhelming evidence showed that the defendant was incompetent to understand the nature of the offense with which he was charged, the Miranda warnings which weregiven, and, therefore, was not competent to make a voluntary and knowing waiver of his rights." We do not consider these findings to be clearly erroneous, Simmons v. State, 428 So.2d 218 (Ala.Cr.App.1983), and, accordingly, we affirm the trial court's ruling.

1986Had a proper objection been made at the trial court level, it is apparent that the witness's use of his notes to "refresh his memory" would have been proper under the "doctrine of present recollection revived." Walker v. State , 428 So.2d 139 , 142 (Ala.Cr.App. 1982).