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8 Alabama opinions name it 3 courts 1918–1996 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 |
|---|---|---|
Lee v. Stategreen1 sentence1986Lee v. State, 350 So.2d 743, 746 (Ala.Cr.App.1977). | 1 | 1 |
Johnson v. Stategreen2 sentences1977See Johnson v. State , 51 Ala. App. 649 , 288 So.2d 186 ; Corbin v. State , 55 Ala. App. 33 , 312 So.2d 604 , footnote 1, p. 34. 1977See Johnson v. State , 51 Ala. App. 649 , 288 So.2d 186 ; Corbin v. State , 55 Ala. App. 33 , 312 So.2d 604 , footnote 1, p. 34. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Mobile v. Scott
green
2 sentences1996City of Mobile v. Scott, 278 Ala. 388 , 178 So.2d 545 (1965). 1996City of Mobile v. Scott, 278 Ala. 388 , 178 So.2d 545 (1965). | 1 | 1996–1996 |
Alexander v. State
green
1 sentence1986The Alabama Supreme Court in Ex parte Alexander reversed this court's judgment in Alexander v. State , 475 So.2d 625 (Ala.Cr.App. 1984). | 1 | 1986–1986 |
Ex Parte Alexander
green
1 sentence1986The record clearly establishes that (1) defendant did not escape from custody imposed pursuant to his conviction, nor (2) did defendant escape from a penal facility." Appellant argues that the S.I.R. program is "closely akin to that of parole." According to the appellant, "unauthorized absences from community based programs can only be considered as a breach of contract agreement constituting a misdemeanor violation." According to the State, the Alabama Supreme Court decision of Ex parte Alexander , 475 So.2d 628 (Ala. 1985), would require a reversal of the conviction. 4 We disagree with both | 1 | 1986–1986 |
Green v. State
green
2 sentences1980Green v. State, 238 Ala. 143 , 189 So. 763 (1939); Coursey v. City of Andalusia, 24 Ala.App. 247 , 134 So. 671 (1931). 1980Green v. State, 238 Ala. 143 , 189 So. 763 (1939); Coursey v. City of Andalusia, 24 Ala.App. 247 , 134 So. 671 (1931). | 1 | 1980–1980 |
Coursey v. City of Andalusia
neutral
2 sentences1980Green v. State, 238 Ala. 143 , 189 So. 763 (1939); Coursey v. City of Andalusia, 24 Ala.App. 247 , 134 So. 671 (1931). 1980Green v. State, 238 Ala. 143 , 189 So. 763 (1939); Coursey v. City of Andalusia, 24 Ala.App. 247 , 134 So. 671 (1931). | 1 | 1980–1980 |
Corbin v. State
green
2 sentences1977See Johnson v. State , 51 Ala. App. 649 , 288 So.2d 186 ; Corbin v. State , 55 Ala. App. 33 , 312 So.2d 604 , footnote 1, p. 34. 1977See Johnson v. State , 51 Ala. App. 649 , 288 So.2d 186 ; Corbin v. State , 55 Ala. App. 33 , 312 So.2d 604 , footnote 1, p. 34. | 1 | 1977–1977 |
Schenher v. State
green
2 sentences1977The burden of proving that the possession was for personal use is a defensive matter and the burden of bringing himself within the misdemeanor exception of the act creating the offense was upon the appellant *Page 747 Fuller v. State , 39 Ala. App. 219 , 96 So.2d 829 ; Schenher v. State , 38 Ala. App. 573 , 90 So.2d 234 . 1977The burden of proving that the possession was for personal use is a defensive matter and the burden of bringing himself within the misdemeanor exception of the act creating the offense was upon the appellant *Page 747 Fuller v. State , 39 Ala. App. 219 , 96 So.2d 829 ; Schenher v. State , 38 Ala. App. 573 , 90 So.2d 234 . | 1 | 1977–1977 |
Fuller v. State
green
2 sentences1977The burden of proving that the possession was for personal use is a defensive matter and the burden of bringing himself within the misdemeanor exception of the act creating the offense was upon the appellant *Page 747 Fuller v. State , 39 Ala. App. 219 , 96 So.2d 829 ; Schenher v. State , 38 Ala. App. 573 , 90 So.2d 234 . 1977The burden of proving that the possession was for personal use is a defensive matter and the burden of bringing himself within the misdemeanor exception of the act creating the offense was upon the appellant *Page 747 Fuller v. State , 39 Ala. App. 219 , 96 So.2d 829 ; Schenher v. State , 38 Ala. App. 573 , 90 So.2d 234 . | 1 | 1977–1977 |
United States v. Grimaud
green
2 sentences1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs 1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs | 1 | 1959–1959 |
Commonwealth v. Diaz
green
2 sentences1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs 1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs | 1 | 1959–1959 |
State v. Friedkin
green
2 sentences1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs 1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs | 1 | 1959–1959 |
West v. State
green
2 sentences1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs 1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs | 1 | 1959–1959 |
Reims v. State
neutral
2 sentences1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs 1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs | 1 | 1959–1959 |
Marcet v. Board of Plumbers Examination & Registration
green
2 sentences1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs 1959In this chain of .reasoning, we are next led to § 4 of the same Title which states that, with respect to oyster reefs and oyster bottoms, “the department may by order duly made and published prescribe the manner of taking or catching * *” From this statutory authority, we then go to the Department’s Regulations Relating to Seafoods, adopted September 1, 1957, with the approval of the Advisory Board, of which Regulation 5 reads in part: “The taking, catching or removal of oysters from the public reefs, beds and/or bottoms within the jurisdiction of the State of Alabama shall be by use of tongs | 1 | 1959–1959 |
Deason v. Gray
neutral
2 sentences1926We think the cases of McGuire v. State, supra, Mangino v. Todd, 19 Ala. App. 486 . 98 So. 323 , and Deason v. Gray et al., 192 Ala. 611 , 69 So. 15 , are direct authority for the holding here made. 1926We think the cases of McGuire v. State, supra, Mangino v. Todd, 19 Ala. App. 486 . 98 So. 323 , and Deason v. Gray et al., 192 Ala. 611 , 69 So. 15 , are direct authority for the holding here made. | 1 | 1926–1926 |
Mangino v. Todd
green
2 sentences1926We think the cases of McGuire v. State, supra, Mangino v. Todd, 19 Ala. App. 486 . 98 So. 323 , and Deason v. Gray et al., 192 Ala. 611 , 69 So. 15 , are direct authority for the holding here made. 1926We think the cases of McGuire v. State, supra, Mangino v. Todd, 19 Ala. App. 486 . 98 So. 323 , and Deason v. Gray et al., 192 Ala. 611 , 69 So. 15 , are direct authority for the holding here made. | 1 | 1926–1926 |
Shanley v. Wells
green
1 sentence1918Shanley v. Wells, 71 Ill. 78 ; North v. People, 139 Ill. 81 [ 28 N. E. 966 ]; Lynn v. People, 170 Ill. 527 [ 48 N. E. 964 ]; Wice v. C. & N. W. | 1 | 1918–1918 |
North v. People
green
2 sentences1918Shanley v. Wells, 71 Ill. 78 ; North v. People, 139 Ill. 81 [ 28 N. E. 966 ]; Lynn v. People, 170 Ill. 527 [ 48 N. E. 964 ]; Wice v. C. & N. W. 1918Shanley v. Wells, 71 Ill. 78 ; North v. People, 139 Ill. 81 [ 28 N. E. 966 ]; Lynn v. People, 170 Ill. 527 [ 48 N. E. 964 ]; Wice v. C. & N. W. | 1 | 1918–1918 |
Lynn v. People
green
2 sentences1918Shanley v. Wells, 71 Ill. 78 ; North v. People, 139 Ill. 81 [ 28 N. E. 966 ]; Lynn v. People, 170 Ill. 527 [ 48 N. E. 964 ]; Wice v. C. & N. W. 1918Shanley v. Wells, 71 Ill. 78 ; North v. People, 139 Ill. 81 [ 28 N. E. 966 ]; Lynn v. People, 170 Ill. 527 [ 48 N. E. 964 ]; Wice v. C. & N. W. | 1 | 1918–1918 |
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.