isolated clause (Alabama) · Go Syfert
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isolated clause in Alabama

8 Alabama opinions name it 3 courts 1977–2014 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 (6)

CaseFollowedCited
Alabama Medicaid Agency v. BEVERLY ENT.green
alacivapp · 1987 · cited in 3 Alabama opinions naming this issue, 1994–2009
2 sentences

2009The rule or regulation must be interpreted as a whole; an interpretation may not “focus only on an isolated clause or paragraph.” Peacock v. Houston County Bd. of Educ., 653 So.2d 308, 309 (Ala.Civ.App.1994); see also Alabama Medicaid Agency v. Beverly Enters., 521 So.2d 1329 (Ala.Civ.App.1987).

1996In addition, however, one should construe such language by looking at the entire regulation, rather than at just an isolated clause or paragraph." Alabama Medicaid Agency v. Beverly Enterprises, 521 So.2d 1329, 1332 (Ala.Civ.App. 1987) (citation omitted) (emphasis added); see also Alabama Precast Products, Inc. v. State, Department of Revenue, 332 So.2d 160 (Ala.Civ.App.), cert. denied, 332 So.2d 164 (Ala.1976) (courts, in construing regulations, must look to the plain meaning of the provisions).

23
Peacock v. Houston County Bd. of Educ.green
alacivapp · 1994 · cited in 2 Alabama opinions naming this issue, 2009–2014
2 sentences

2014Bd. of Educ., 653 So.2d 308, 309 (Ala.Civ.App.1994)).

2009The rule or regulation must be interpreted as a whole; an interpretation may not “focus only on an isolated clause or paragraph.” Peacock v. Houston County Bd. of Educ., 653 So.2d 308, 309 (Ala.Civ.App.1994); see also Alabama Medicaid Agency v. Beverly Enters., 521 So.2d 1329 (Ala.Civ.App.1987).

22
Alabama Precast Products, Inc. v. State, Department of Revenuegreen
alacivapp · 1976 · cited in 2 Alabama opinions naming this issue, 1994–1996
2 sentences

1996In addition, however, one should construe such language by looking at the entire regulation, rather than at just an isolated clause or paragraph." Alabama Medicaid Agency v. Beverly Enterprises, 521 So.2d 1329, 1332 (Ala.Civ.App. 1987) (citation omitted) (emphasis added); see also Alabama Precast Products, Inc. v. State, Department of Revenue, 332 So.2d 160 (Ala.Civ.App.), cert. denied, 332 So.2d 164 (Ala.1976) (courts, in construing regulations, must look to the plain meaning of the provisions).

1994When interpreting an administrative resolution, this Court must look to the plain meaning of the resolution, Alabama Precast Products, Inc. v. State Department of Revenue , 332 So.2d 160 (Ala.Civ.App.), cert. denied , 332 So.2d 164 (Ala. 1976); it must interpret the language of the resolution in relation to the resolution as a whole, rather than focus only on an isolated clause or paragraph, Alabama Medicaid Agency v. Beverly Enterprises , 521 So.2d 1329 (Ala.Civ.App. 1987); and, an agency's interpretation of its own regulation is controlling unless it is plainly erroneous.

12
Alabama Precast Products, Inc. v. State, Department of Revenuegreen
ala · 1976 · cited in 2 Alabama opinions naming this issue, 1994–1996
2 sentences

1996In addition, however, one should construe such language by looking at the entire regulation, rather than at just an isolated clause or paragraph." Alabama Medicaid Agency v. Beverly Enterprises, 521 So.2d 1329, 1332 (Ala.Civ.App. 1987) (citation omitted) (emphasis added); see also Alabama Precast Products, Inc. v. State, Department of Revenue, 332 So.2d 160 (Ala.Civ.App.), cert. denied, 332 So.2d 164 (Ala.1976) (courts, in construing regulations, must look to the plain meaning of the provisions).

1994When interpreting an administrative resolution, this Court must look to the plain meaning of the resolution, Alabama Precast Products, Inc. v. State Department of Revenue , 332 So.2d 160 (Ala.Civ.App.), cert. denied , 332 So.2d 164 (Ala. 1976); it must interpret the language of the resolution in relation to the resolution as a whole, rather than focus only on an isolated clause or paragraph, Alabama Medicaid Agency v. Beverly Enterprises , 521 So.2d 1329 (Ala.Civ.App. 1987); and, an agency's interpretation of its own regulation is controlling unless it is plainly erroneous.

12
Alabama Farm Bureau Mut. v. City of Hartsellegreen
ala · 1984 · cited in 2 Alabama opinions naming this issue, 1987–1987
2 sentences

1987See Alabama Farm Bureau Mutual Casualty Insurance Co. v. City of Hartselle, 460 So.2d 1219 (Ala.1984); Mitchell, 512 So.2d 778 .

1987Cf. Alabama Farm Bureau Mutual Casualty Insurance Co. v. City of Hartselle , 460 So.2d 1219 (Ala. 1984); Mitchell v. State Child Abuse Neglect Prevention Board , 512 So.2d 778 (Ala.Civ.App. 1987).

12
Williams v. Stategreen
alacrimapp · 1992 · cited in 1 Alabama opinions naming this issue, 2003–2003
2 sentences

2003In Williams v. State, 601 So.2d 1062 (Ala.Crim.App.1991), this Court specifically noted that the isolated instruction, "`You should, in the trial of this case, of course, attempt in every way you can to reconcile all of the evidence in this case so as, if possible, to make all witnesses speak the truth,'" 601 So.2d at 1076 (emphasis omitted), could be confusing when viewed in the abstract.

2003In Williams v. State, 601 So.2d 1062 (Ala.Crim.App.1991), this Court specifically noted that the isolated instruction, "`You should, in the trial of this case, of course, attempt in every way you can to reconcile all of the evidence in this case so as, if possible, to make all witnesses speak the truth,'" 601 So.2d at 1076 (emphasis omitted), could be confusing when viewed in the abstract.

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
Mitchell v. CHILD ABUSE & NEGLECT P. BD. green
alacivapp · 1987
2 sentences

1987See Alabama Farm Bureau Mutual Casualty Insurance Co. v. City of Hartselle, 460 So.2d 1219 (Ala.1984); Mitchell, 512 So.2d 778 .

1987Cf. Alabama Farm Bureau Mutual Casualty Insurance Co. v. City of Hartselle , 460 So.2d 1219 (Ala. 1984); Mitchell v. State Child Abuse Neglect Prevention Board , 512 So.2d 778 (Ala.Civ.App. 1987).

21987–1987
Hamilton v. Alabama Department of Postsecondary Education green
alacivapp · 2009
1 sentence

2014“The rule or regulation must be interpreted as a whole; an interpretation may not ‘focus only on an isolated clause or paragraph.’ ” 50 So.3d at 445 (quoting Peacock v. Houston Cnty.

12014–2014
Ex Parte Kuenzel green
ala · 1991
1 sentence

2003This Court further stated: "However, `[a] single instruction to a jury may not be judge in artificial isolation, but must be viewed in the context of the overall charge.' Kuenzel [v, State], 577 So.2d [474] at 517 [(Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991)].

12003–2003
Nelda A. Parker v. Otis R. Bowen, Secretary of Health and Human Services, Autry R. Hand v. Otis R. Bowen, Secretary of Health and Human Services green
ca11 · 1986
1 sentence

1994Parker v. Bowen , 788 F.2d 1512 (11th Cir. 1986).

11994–1994
Harry Carl Schoeneman v. United States of America, Garlan Euel Markham, Jr. v. United States green
cadc · 1963
2 sentences

1977United States v. Harris , 482 F.2d 1115 (3rd Cir. 1973); United States v. Johnson , 461 F.2d 285 (10th Cir. 1972); Schoeneman v. United States , 115 U.S.App.D.C. 110 , 317 F.2d 173 (1963).

1977United States v. Harris , 482 F.2d 1115 (3rd Cir. 1973); United States v. Johnson , 461 F.2d 285 (10th Cir. 1972); Schoeneman v. United States , 115 U.S.App.D.C. 110 , 317 F.2d 173 (1963).

11977–1977
United States v. Warren G. Johnson green
ca10 · 1972
1 sentence

1977United States v. Harris , 482 F.2d 1115 (3rd Cir. 1973); United States v. Johnson , 461 F.2d 285 (10th Cir. 1972); Schoeneman v. United States , 115 U.S.App.D.C. 110 , 317 F.2d 173 (1963).

11977–1977
United States v. Samuel W. Harris green
ca3 · 1973
1 sentence

1977United States v. Harris , 482 F.2d 1115 (3rd Cir. 1973); United States v. Johnson , 461 F.2d 285 (10th Cir. 1972); Schoeneman v. United States , 115 U.S.App.D.C. 110 , 317 F.2d 173 (1963).

11977–1977

Where else courts name it

NY 30 (1893–2024) TX 26 (1938–2024) CA 18 (1893–2024) KS 18 (1988–2013) WV 14 (1989–2026) FL 11 (1938–2019) CT 10 (1990–2022) IL 9 (1986–2023) AL 8 (1977–2014) PA 8 (1905–2021) IA 8 (1976–2022) NE 8 (1986–2022) MI 7 (1981–2024) IN 6 (1970–2011) DC 6 (1992–2025) MO 5 (1956–2024) NJ 5 (1968–2014) UT 4 (1992–2019) LA 4 (1952–1993) MA 4 (2001–2024) GA 3 (1940–2025) KY 2 (1978–2023) WA 2 (2015–2015) OR 2 (1973–1990) MN 2 (1987–2016) NC 2 (2020–2020)

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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