omitted principle (Alabama) · Go Syfert
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omitted principle in Alabama

8 Alabama opinions name it 2 courts 1974–2023 1 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 (2)

CaseFollowedCited
Sharifi v. Stategreen
alacrimapp · 2008 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023Sharifi v. State, 993 So. 2d 907, 943-44 (Ala. Crim.

11
Kult v. Kellygreen
ala · 2007 · cited in 1 Alabama opinions naming this issue, 2016–2016
1 sentence

2016See Kult v. Kelly, 987 So.2d 551, 557 (Ala.2007) (explaining that if a charge on a particular claim is not given to the jury and the parties do not object before the jury begins deliberations, the omitted claim has been waived). .

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 (10)

CaseCitedYears
Snider v. State green
alacrimapp · 1981
1 sentence

1983We previously held in Craft v. State, 402 So.2d 1135 (Ala.Cr.App.1981), that: “The remedy for supplying a pertinent principle of law omitted from the court’s oral charge is to submit a written charge which supplies the omitted principle.” Snider v. State, 406 So.2d 1008 (Ala.Cr.App.), cert. denied, 406 So.2d 1015 (Ala.1981).

11983–1983
Ex Parte Snider neutral
ala · 1981
1 sentence

1983We previously held in Craft v. State, 402 So.2d 1135 (Ala.Cr.App.1981), that: “The remedy for supplying a pertinent principle of law omitted from the court’s oral charge is to submit a written charge which supplies the omitted principle.” Snider v. State, 406 So.2d 1008 (Ala.Cr.App.), cert. denied, 406 So.2d 1015 (Ala.1981).

11983–1983
Craft v. State green
alacrimapp · 1981
1 sentence

1983We previously held in Craft v. State, 402 So.2d 1135 (Ala.Cr.App.1981), that: “The remedy for supplying a pertinent principle of law omitted from the court’s oral charge is to submit a written charge which supplies the omitted principle.” Snider v. State, 406 So.2d 1008 (Ala.Cr.App.), cert. denied, 406 So.2d 1015 (Ala.1981).

11983–1983
Shiflett v. State neutral
ala · 1974
1 sentence

1981Gray v. State , 52 Ala. App. 48 , 294 So.2d 448 ; Thigpen v. State , Ala.Cr.App., 369 So.2d 291 , writ denied, Ala., 369 So.2d 297 . "[W]here a party desires the court to extend its oral charge to cover some applicable law in the trial of a case, his remedy is to request a written charge on the subject, which if refused would protect the record and present the matter to the Appellate Courts.

11981–1981
Howell v. State neutral
alacrimapp · 1978
1 sentence

1981Gray v. State , 52 Ala. App. 48 , 294 So.2d 448 ; Thigpen v. State , Ala.Cr.App., 369 So.2d 291 , writ denied, Ala., 369 So.2d 297 . "[W]here a party desires the court to extend its oral charge to cover some applicable law in the trial of a case, his remedy is to request a written charge on the subject, which if refused would protect the record and present the matter to the Appellate Courts.

11981–1981
Thigpen v. State neutral
alacrimapp · 1978
1 sentence

1981Gray v. State , 52 Ala. App. 48 , 294 So.2d 448 ; Thigpen v. State , Ala.Cr.App., 369 So.2d 291 , writ denied, Ala., 369 So.2d 297 . "[W]here a party desires the court to extend its oral charge to cover some applicable law in the trial of a case, his remedy is to request a written charge on the subject, which if refused would protect the record and present the matter to the Appellate Courts.

11981–1981
Reed v. State green
alacrimapp · 1975
2 sentences

1976Rather, counsel must submit written instructions covering the omitted principle in order to preserve the alleged error for appellant review." See also: Reed v. State , 55 Ala. App. 138 , 313 So.2d 564 .

1976Rather, counsel must submit written instructions covering the omitted principle in order to preserve the alleged error for appellant review." See also: Reed v. State , 55 Ala. App. 138 , 313 So.2d 564 .

11976–1976
Pinkerton v. State neutral
ala · 1945
2 sentences

1975As to this, defendant did more than was done by defendant in Pinkerton v. State, 246 Ala. 540 , 22 So.2d 113 , wherein it was held that it was error to reverse for the trial court to instruct a jury that false testimony of a witness authorized the jury in its discretion to disregard the remainder of his testimony, in view of the rule that the jury would not be authorized to do so unless the testimony was willfully false as to a material matter.

1975As to this, defendant did more than was done by defendant in Pinkerton v. State, 246 Ala. 540 , 22 So.2d 113 , wherein it was held that it was error to reverse for the trial court to instruct a jury that false testimony of a witness authorized the jury in its discretion to disregard the remainder of his testimony, in view of the rule that the jury would not be authorized to do so unless the testimony was willfully false as to a material matter.

11975–1975
Waller v. State neutral
· 1950
2 sentences

1974Waller v. State, 35 Ala. App. 511 , 49 So.2d 232 , and authorities therein cited.

1974Waller v. State, 35 Ala. App. 511 , 49 So.2d 232 , and authorities therein cited.

11974–1974
Patton v. State neutral
alactapp · 1957
2 sentences

1974Stokley v. State, supra; Patton v. State, 39 Ala.App. 308 , 98 So.2d 621 .

1974Stokley v. State, supra; Patton v. State, 39 Ala.App. 308 , 98 So.2d 621 .

11974–1974

Where else courts name it

CA 248 (1934–2026) TX 52 (1883–2025) NC 38 (1929–2025) FL 35 (1949–2025) IL 32 (1964–2025) NJ 32 (1983–2026) MI 20 (1982–2024) IN 20 (1976–2018) LA 19 (1993–2026) OH 15 (1985–2023) PA 13 (1927–2024) KS 12 (1972–2024) WA 11 (1987–2021) AZ 10 (1980–2024) MA 9 (1990–2025) GA 8 (1929–2024) TN 8 (1980–2026) AL 8 (1974–2023) ID 7 (1991–2022) NY 6 (1977–2023) KY 6 (1928–2026) DC 6 (1978–2015) CT 5 (2003–2025) NM 5 (1947–2020) MO 4 (1986–2019) OK 3 (2013–2023) NV 3 (2004–2022) MD 3 (1960–2021) VA 2 (1921–2024) SD 2 (2006–2008) ME 2 (1944–1954) MN 2 (1990–2013) CO 2 (1984–2026) WI 2 (1910–2004) ND 2 (1985–2009) NE 2 (1987–2006) VI 2 (2012–2025) UT 2 (1995–2011)

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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