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8 Alabama opinions name it 2 courts 1996–2016 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 |
|---|---|---|
DMP v. State Dept. of Human Resourcesgreen2 sentences2008See D.M.P. v. State Dep’t of Human Res., 871 So.2d 77, 85-91 (Ala.Civ.App.2003) (plurality opinion); N.J. v. Madison County Dep’t of Human Res., 980 So.2d 997, 1001 (Ala.Civ.App.2007) (plurality opinion); and Ex parte F.P., 857 So.2d 125, 144 (Ala.2003) (Stuart, J., dissenting). 2006After the court has determined that grounds for termination exist, *Page 81 "the court must inquire as to whether all viable alternatives to a termination of parental rights have been considered." Id.; see D.M.P. v. State Dep't of Human Res., 871 So.2d 77 , 85-95 (Ala.Civ.App. 2003) (discussing the application of the "viable alternative" prong of the Ex parte Beasley test). | 3 | 3 |
Ex Parte FPgreen2 sentences2008See D.M.P. v. State Dep’t of Human Res., 871 So.2d 77, 85-91 (Ala.Civ.App.2003) (plurality opinion); N.J. v. Madison County Dep’t of Human Res., 980 So.2d 997, 1001 (Ala.Civ.App.2007) (plurality opinion); and Ex parte F.P., 857 So.2d 125, 144 (Ala.2003) (Stuart, J., dissenting). 2008See D.M.P. v. State Dep’t of Human Res., 871 So.2d 77, 85-91 (Ala.Civ.App.2003) (plurality opinion); N.J. v. Madison County Dep’t of Human Res., 980 So.2d 997, 1001 (Ala.Civ.App.2007) (plurality opinion); and Ex parte F.P., 857 So.2d 125, 144 (Ala.2003) (Stuart, J., dissenting). | 3 | 3 |
Nj v. Madison County Dhrgreen2 sentences2008See D.M.P. v. State Dep’t of Human Res., 871 So.2d 77, 85-91 (Ala.Civ.App.2003) (plurality opinion); N.J. v. Madison County Dep’t of Human Res., 980 So.2d 997, 1001 (Ala.Civ.App.2007) (plurality opinion); and Ex parte F.P., 857 So.2d 125, 144 (Ala.2003) (Stuart, J., dissenting). 2008See D.M.P. v. State Dep’t of Human Res., 871 So.2d 77, 85-91 (Ala.Civ.App.2003) (plurality opinion); N.J. v. Madison County Dep’t of Human Res., 980 So.2d 997, 1001 (Ala.Civ.App.2007) (plurality opinion); and Ex parte F.P., 857 So.2d 125, 144 (Ala.2003) (Stuart, J., dissenting). | 2 | 2 |
Old v. Jcgreen2 sentences2016In J.P. v. S.S., 989 So.2d 591 (Ala.Civ.App. 2008), this court held “that when the evidence in the record supports a finding of dependency and when the trial court has made a disposition consistent with a finding of dependency, in the interest of judicial economy this court may hold that a finding of dependency is implicit in the trial court’s judgment.” 989 So.2d at 598 (citing L.L.M. v. S.F., 919 So.2d 307 , 311 (Ala.Civ.App.2005), O.L.D. v. J.C., 769 So.2d 299, 302 (Ala.Civ.App. 1999), and A.J.J. v. J.L., 752 So.2d 499, 503 (Ala.Civ.App.1999)). 2016In J.P. v. S.S., 989 So.2d 591 (Ala.Civ.App. 2008), this court held “that when the evidence in the record supports a finding of dependency and when the trial court has made a disposition consistent with a finding of dependency, in the interest of judicial economy this court may hold that a finding of dependency is implicit in the trial court’s judgment.” 989 So.2d at 598 (citing L.L.M. v. S.F., 919 So.2d 307 , 311 (Ala.Civ.App.2005), O.L.D. v. J.C., 769 So.2d 299, 302 (Ala.Civ.App. 1999), and A.J.J. v. J.L., 752 So.2d 499, 503 (Ala.Civ.App.1999)). | 1 | 1 |
Ajj v. Jlgreen2 sentences2016In J.P. v. S.S., 989 So.2d 591 (Ala.Civ.App. 2008), this court held “that when the evidence in the record supports a finding of dependency and when the trial court has made a disposition consistent with a finding of dependency, in the interest of judicial economy this court may hold that a finding of dependency is implicit in the trial court’s judgment.” 989 So.2d at 598 (citing L.L.M. v. S.F., 919 So.2d 307 , 311 (Ala.Civ.App.2005), O.L.D. v. J.C., 769 So.2d 299, 302 (Ala.Civ.App. 1999), and A.J.J. v. J.L., 752 So.2d 499, 503 (Ala.Civ.App.1999)). 2016In J.P. v. S.S., 989 So.2d 591 (Ala.Civ.App. 2008), this court held “that when the evidence in the record supports a finding of dependency and when the trial court has made a disposition consistent with a finding of dependency, in the interest of judicial economy this court may hold that a finding of dependency is implicit in the trial court’s judgment.” 989 So.2d at 598 (citing L.L.M. v. S.F., 919 So.2d 307 , 311 (Ala.Civ.App.2005), O.L.D. v. J.C., 769 So.2d 299, 302 (Ala.Civ.App. 1999), and A.J.J. v. J.L., 752 So.2d 499, 503 (Ala.Civ.App.1999)). | 1 | 1 |
Ex Parte State Dept. of Human Resourcesgreen2 sentences2008Routinely, therefore, juvenile courts have been deciding both prongs of the Beasley test in the same proceeding and subject to the same standard of proof — i.e., “clear and convincing evidence, competent, material, and relevant in nature” — see Ala.Code 1975, §§ 12 — 15—65(f) & 26-18-7(a); see also Ex parte State Dep’t of Human Res., 890 So.2d 114, 118 (Ala.2004) (holding that juvenile court may only consider admissible evidence at termination-of-parental-rights hearing). 2008Routinely, therefore, juvenile courts have been deciding both prongs of the Beasley test in the same proceeding and subject to the same standard of proof — i.e., “clear and convincing evidence, competent, material, and relevant in nature” — see Ala.Code 1975, §§ 12 — 15—65(f) & 26-18-7(a); see also Ex parte State Dep’t of Human Res., 890 So.2d 114, 118 (Ala.2004) (holding that juvenile court may only consider admissible evidence at termination-of-parental-rights hearing). | 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 Beasley
green
2 sentences2016Pursuant to -the first prong of the test announced by our supreme court in Ex parte Beasley, 564 So.2d 950 (Ala.1990), the juvenile court must determine from clear and convincing evidence that the child is dependent. ■ Only after making that determination can .the juvenile court proceed to the second prong of the Beasley test, e.g., determining whether viable alternatives to termination of parental rights exist. 2016Pursuant to -the first prong of the test announced by our supreme court in Ex parte Beasley, 564 So.2d 950 (Ala.1990), the juvenile court must determine from clear and convincing evidence that the child is dependent. ■ Only after making that determination can .the juvenile court proceed to the second prong of the Beasley test, e.g., determining whether viable alternatives to termination of parental rights exist. | 2 | 2003–2016 |
Jp v. Ss
green
2 sentences2016In J.P. v. S.S., 989 So.2d 591 (Ala.Civ.App. 2008), this court held “that when the evidence in the record supports a finding of dependency and when the trial court has made a disposition consistent with a finding of dependency, in the interest of judicial economy this court may hold that a finding of dependency is implicit in the trial court’s judgment.” 989 So.2d at 598 (citing L.L.M. v. S.F., 919 So.2d 307 , 311 (Ala.Civ.App.2005), O.L.D. v. J.C., 769 So.2d 299, 302 (Ala.Civ.App. 1999), and A.J.J. v. J.L., 752 So.2d 499, 503 (Ala.Civ.App.1999)). 2016In J.P. v. S.S., 989 So.2d 591 (Ala.Civ.App. 2008), this court held “that when the evidence in the record supports a finding of dependency and when the trial court has made a disposition consistent with a finding of dependency, in the interest of judicial economy this court may hold that a finding of dependency is implicit in the trial court’s judgment.” 989 So.2d at 598 (citing L.L.M. v. S.F., 919 So.2d 307 , 311 (Ala.Civ.App.2005), O.L.D. v. J.C., 769 So.2d 299, 302 (Ala.Civ.App. 1999), and A.J.J. v. J.L., 752 So.2d 499, 503 (Ala.Civ.App.1999)). | 1 | 2016–2016 |
Llm v. Sf
green
2 sentences2016In J.P. v. S.S., 989 So.2d 591 (Ala.Civ.App. 2008), this court held “that when the evidence in the record supports a finding of dependency and when the trial court has made a disposition consistent with a finding of dependency, in the interest of judicial economy this court may hold that a finding of dependency is implicit in the trial court’s judgment.” 989 So.2d at 598 (citing L.L.M. v. S.F., 919 So.2d 307 , 311 (Ala.Civ.App.2005), O.L.D. v. J.C., 769 So.2d 299, 302 (Ala.Civ.App. 1999), and A.J.J. v. J.L., 752 So.2d 499, 503 (Ala.Civ.App.1999)). 2016In J.P. v. S.S., 989 So.2d 591 (Ala.Civ.App. 2008), this court held “that when the evidence in the record supports a finding of dependency and when the trial court has made a disposition consistent with a finding of dependency, in the interest of judicial economy this court may hold that a finding of dependency is implicit in the trial court’s judgment.” 989 So.2d at 598 (citing L.L.M. v. S.F., 919 So.2d 307 , 311 (Ala.Civ.App.2005), O.L.D. v. J.C., 769 So.2d 299, 302 (Ala.Civ.App. 1999), and A.J.J. v. J.L., 752 So.2d 499, 503 (Ala.Civ.App.1999)). | 1 | 2016–2016 |
Ex Parte TV
green
2 sentences2007See Ex parte F.P., 857 So.2d 125 (Ala. 2003); Ex parte J.R., 896 So.2d 416 (Ala. 2004); and Ex parte T.V., 971 So.2d 1 . 2007See Ex parte F.P., 857 So.2d 125 (Ala. 2003); Ex parte J.R., 896 So.2d 416 (Ala. 2004); and Ex parte T.V., 971 So.2d 1 . | 1 | 2007–2007 |
Ex Parte JR
green
2 sentences2007See Ex parte F.P., 857 So.2d 125 (Ala. 2003); Ex parte J.R., 896 So.2d 416 (Ala. 2004); and Ex parte T.V., 971 So.2d 1 . 2007See Ex parte F.P., 857 So.2d 125 (Ala. 2003); Ex parte J.R., 896 So.2d 416 (Ala. 2004); and Ex parte T.V., 971 So.2d 1 . | 1 | 2007–2007 |
Ex Parte State Dept. of Human Resources
green
2 sentences2007In fact, the court cited the two-prong Beasley standard as the operative rule regarding the burden of proof in termination-of-parental-rights actions initiated by state agencies. 624 So.2d at 952-953 . 2007In fact, the court cited the two-prong Beasley standard as the operative rule regarding the burden of proof in termination-of-parental-rights actions initiated by state agencies. 624 So.2d at 952-953 . | 1 | 2007–2007 |
Noble Trucking Co. v. Payne
green
2 sentences1996As to the third question, our opinions in Noble Trucking Co. v. Payne , 664 So.2d 202 (Ala. 1995), and Chrysler Credit Corp. v. McKinney , 456 So.2d 1069 (Ala. 1984), hold that, provided that the complaining litigant exercised due diligence to have disqualified persons removed from the jury pool (question two), a venireperson's failure to respond to a question concerning a statutory disqualification requires the grant of a new trial. 1996As to the third question, our opinions in Noble Trucking Co. v. Payne , 664 So.2d 202 (Ala. 1995), and Chrysler Credit Corp. v. McKinney , 456 So.2d 1069 (Ala. 1984), hold that, provided that the complaining litigant exercised due diligence to have disqualified persons removed from the jury pool (question two), a venireperson's failure to respond to a question concerning a statutory disqualification requires the grant of a new trial. | 1 | 1996–1996 |
Chrysler Credit Corp. v. McKinney
green
2 sentences1996As to the third question, our opinions in Noble Trucking Co. v. Payne , 664 So.2d 202 (Ala. 1995), and Chrysler Credit Corp. v. McKinney , 456 So.2d 1069 (Ala. 1984), hold that, provided that the complaining litigant exercised due diligence to have disqualified persons removed from the jury pool (question two), a venireperson's failure to respond to a question concerning a statutory disqualification requires the grant of a new trial. 1996As to the third question, our opinions in Noble Trucking Co. v. Payne , 664 So.2d 202 (Ala. 1995), and Chrysler Credit Corp. v. McKinney , 456 So.2d 1069 (Ala. 1984), hold that, provided that the complaining litigant exercised due diligence to have disqualified persons removed from the jury pool (question two), a venireperson's failure to respond to a question concerning a statutory disqualification requires the grant of a new trial. | 1 | 1996–1996 |
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.