death penalty violation (Alabama) · Go Syfert
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death penalty violation in Alabama

8 Alabama opinions name it 2 courts 1983–2012 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 (3)

CaseFollowedCited
Tomlin v. Stategreen
alacrimapp · 2002 · cited in 5 Alabama opinions naming this issue, 2007–2012
2 sentences

2012“The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002)], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. ‘The United States Supreme Court in Ring did not invalidate its earlier holding in Hams v. Alabama, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), which upheld § 13A-5-47(e), Ala.Code 1975 — commonly referred to as the judicial-override statute — against constitutional atta

2010Moreover, as we stated in Sneed v. State, 1 So.3d 104 (Ala.Crim.App.2007): “The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 (2002) ], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. ‘The United States Supreme Court in Ring did not invalidate its earlier holding in Harris v. Alabama, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), which upheld § 13A-5-47(e), Ala.Code 1975 — commonly referred to as the judicial-ove

55
Sneed v. Stategreen
alacrimapp · 2007 · cited in 4 Alabama opinions naming this issue, 2010–2012
2 sentences

2011Moreover, as we stated in Sneed v. State, 1 So.3d 104 (Ala.Crim.App.2007): “ ‘The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002) ], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause.

2010Moreover, as we stated in Sneed v. State, 1 So.3d 104 (Ala.Crim.App.2007): “‘The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002) ], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause.

14
Wainwright v. Wittgreen
scotus · 1985 · cited in 1 Alabama opinions naming this issue, 1999–1999
2 sentences

1999See Wainwright v. Witt, 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985); Dallas, supra. Therefore, the trial court did not abuse its discretion in excusing veniremember D.N. for cause.

1999See Wainwright v. Witt, 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985); Dallas, supra. Therefore, the trial court did not abuse its discretion in excusing veniremember D.N. for cause.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Harris v. Alabama green
scotus · 1995
2 sentences

2012“The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002)], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. ‘The United States Supreme Court in Ring did not invalidate its earlier holding in Hams v. Alabama, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), which upheld § 13A-5-47(e), Ala.Code 1975 — commonly referred to as the judicial-override statute — against constitutional atta

2012“The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002)], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. ‘The United States Supreme Court in Ring did not invalidate its earlier holding in Hams v. Alabama, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), which upheld § 13A-5-47(e), Ala.Code 1975 — commonly referred to as the judicial-override statute — against constitutional atta

52007–2012
Ex Parte Tomlin green
ala · 2003
2 sentences

2012“The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002)], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. ‘The United States Supreme Court in Ring did not invalidate its earlier holding in Hams v. Alabama, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), which upheld § 13A-5-47(e), Ala.Code 1975 — commonly referred to as the judicial-override statute — against constitutional atta

2010Moreover, as we stated in Sneed v. State, 1 So.3d 104 (Ala.Crim.App.2007): “The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 (2002) ], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. ‘The United States Supreme Court in Ring did not invalidate its earlier holding in Harris v. Alabama, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), which upheld § 13A-5-47(e), Ala.Code 1975 — commonly referred to as the judicial-ove

52007–2012
Ring v. Arizona green
scotus · 2002
2 sentences

2012“The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002)], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. ‘The United States Supreme Court in Ring did not invalidate its earlier holding in Hams v. Alabama, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), which upheld § 13A-5-47(e), Ala.Code 1975 — commonly referred to as the judicial-override statute — against constitutional atta

2012“The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002)], Alabama’s standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. ‘The United States Supreme Court in Ring did not invalidate its earlier holding in Hams v. Alabama, 513 U.S. 504 , 115 S.Ct. 1031 , 130 L.Ed.2d 1004 (1995), which upheld § 13A-5-47(e), Ala.Code 1975 — commonly referred to as the judicial-override statute — against constitutional atta

42010–2012
Gregg v. Georgia green
scotus · 1976
2 sentences

1990Gregg v. Georgia , 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976); Enmund v. Florida , supra. The Alabama Supreme Court has held that the imposition of the death penalty for a violation of this statute does not constitute cruel and unusual punishment nor does it violate a defendant's equal protection of the law.

1990Gregg v. Georgia , 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976); Enmund v. Florida , supra. The Alabama Supreme Court has held that the imposition of the death penalty for a violation of this statute does not constitute cruel and unusual punishment nor does it violate a defendant's equal protection of the law.

21983–1990
Dallas v. State green
alacrimapp · 1997
1 sentence

1999See Wainwright v. Witt, 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985); Dallas, supra. Therefore, the trial court did not abuse its discretion in excusing veniremember D.N. for cause.

11999–1999
Ex Parte Harrell red
ala · 1985
1 sentence

1990Ex parte Harrell , 470 So.2d 1309 , 1317-18 (Ala. 1985).

11990–1990
Beck v. State green
ala · 1981
1 sentence

1983Gregg v. Georgia , 428 U.S. 153 , 193 , 96 S.Ct. 2909 , 2934 , 49 L.Ed.2d 859 (1976); Beck v. State , 396 So.2d at 664 .

11983–1983

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (6) AL § Ala. Code § 13A-5-47 (6) AL § Ala. Code § 13A-5-49 (6) AL § Ala. Code § 13A-5-51 (6) AL § Ala. Code § 13A-5-53 (6) AL § Ala. Code § 12-16-150 (5) AL § Ala. Code § 13A-5-45 (4) AL § Ala. Code § 13A-5-46 (4) AL § Ala. Code § 13A-5-50 (4) AL § Ala. Code § 13A-5-52 (4) AL § Ala. Code § 13A-2-23 (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

IL 176 (1979–2026) CA 41 (1967–2026) FL 18 (1980–2025) TX 11 (1970–2023) OH 10 (1987–2013) DE 9 (1990–2015) PA 9 (1991–2019) AL 8 (1983–2012) WA 8 (1992–2025) OK 8 (1969–2017) TN 8 (1988–2019) MS 8 (1990–2014) NV 6 (1979–2022) MO 6 (1974–2018) OR 5 (1988–2023) AZ 5 (1969–2007) NE 5 (1977–2005) IN 5 (1990–2004) LA 4 (1976–2015) GA 4 (1974–2013) MD 4 (1990–2004) CO 3 (1970–1989) CT 3 (1995–2015) NC 3 (1968–2018) KY 3 (2008–2018) VT 3 (1985–2011) NY 2 (1999–2002) AR 2 (1988–2018) ID 2 (1983–1990) MA 2 (1984–2007) MI 2 (1968–1980) UT 2 (1980–2001)

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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