8 Alabama opinions name it 2 courts 2005–2026 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.
| Case | Followed | Cited |
|---|---|---|
Nash v. Stategreen1 sentence2026"An objection must be specific enough to put the trial court on notice of any alleged error and provide the court with an opportunity to correct any error if necessary." Nash v. State, 229 So. 3d 1112, 1113 (Ala. Crim. | 1 | 1 |
Bethea v. Springhill Memorial Hosp.green1 sentence2012See Bethea, supra. B. | 1 | 1 |
Ex Parte Saranthusgreen1 sentence2005Ex parte Saranthus, 501 So.2d 1256, 1257 (Ala.1986), requires that the party requesting a continuance establish, among other things, the probability that the evidence or the witness will be forthcoming if the case is continued because a witness is missing. | 1 | 1 |
Alvis v. Stategreen1 sentence2005Likewise, "the reading of the indictment [is] sufficient to establish a factual basis for a guilty plea in certain cases, [and] in those cases it is not required that the indictment be read into the record during the guilty plea hearing." Alvis v. State, 740 So.2d 459, 461 (Ala.Crim.App. 1998). | 1 | 1 |
United States v. Laurence Keiswettergreen2 sentences2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d 2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d | 1 | 1 |
Alderman v. Stategreen2 sentences2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d 2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d | 1 | 1 |
Ingram v. Stategreen1 sentence2005See Ingram v. State, 720 So.2d 1036 (Ala.Crim.App.1998) (a circuit court has no jurisdiction to grant an out-of-time appeal to a defendant who has already had an appeal). | 1 | 1 |
Speigner v. Stategreen2 sentences2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d 2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d | 1 | 1 |
Garner v. Stategreen2 sentences2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d 2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d | 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 Ingram
green
2 sentences2011This Court recognized in Ex parte Ingram[, 51 So.3d 1119 (Ala.2010),] that sometimes minor errors find their way into orders drafted by trial courts. 2011This Court recognized in Ex paite Ingram[, 51 So.3d 1119 (Ala.2010),] that sometimes minor errors find their way into orders drafted by trial courts. | 2 | 2011–2011 |
Strickland v. Washington
green
2 sentences2010According to Scott, the circuit court held Scott to the standard of pleading that the deficient performance "would have been likely to change the result" (Scott's brief at p. 37), rather than the standard in Strickland , 466 U.S. at 694 , "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." As Scott notes, the United States Supreme Court stated in Strickland : "[A] defendant need not show that counsel's deficient conduct more likely than not altered the outcome in the case.... "... 2010According to Scott, the circuit court held Scott to the standard of pleading that the deficient performance "would have been likely to change the result" (Scott's brief at p. 37), rather than the standard in Strickland , 466 U.S. at 694 , "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." As Scott notes, the United States Supreme Court stated in Strickland : "[A] defendant need not show that counsel's deficient conduct more likely than not altered the outcome in the case.... "... | 2 | 2010–2010 |
Ex Parte Land
green
2 sentences2010Scott challenges the circuit court's statement in its order denying his motion to reconsider the denial of his petition that "Scott was not entitled to any discovery." (C. 467.) Scott cites Ex parte Land , 775 So.2d 847 (Ala.2000), for the proposition that "[t]he right to seek discovery is not debatable." (Scott's brief at p. 14.) Although Scott is correct that a petitioner may seek discovery in postconviction proceedings, there is no absolute right to discovery. 2010Scott challenges the circuit court's statement in its order denying his motion to reconsider the denial of his petition that "Scott was not entitled to any discovery." (C. 467.) Scott cites Ex parte Land , 775 So.2d 847 (Ala.2000), for the proposition that "[t]he right to seek discovery is not debatable." (Scott's brief at p. 14.) Although Scott is correct that a petitioner may seek discovery in postconviction proceedings, there is no absolute right to discovery. | 2 | 2010–2010 |
Ex Parte Waldrop
green
1 sentence2012She asserts: “While acknowledging Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), Scott maintains that Ring invalidates critical aspects of Alabama’s capital sentencing scheme and renders her death sentence unconstitutional” (Scott’s brief at p. 123.), and that Waldrop “undermines the reliability of the capital sentencing process.” (Scott’s brief at p. 125.) Scott was convicted of capital murder for committing an intentional murder for pecuniary gain. | 1 | 2012–2012 |
Loggins v. State
green
2 sentences2005Although the circuit court's April 1, 2004, ruling on Scott's motion to reconsider was over six months after it had initially, on September 23, 2003, purported to grant Scott's Rule 32 petition by granting an out-of-time appeal, see, e.g., Loggins v. State, 910 So.2d 146 (Ala.Crim.App.2005) (a circuit court loses jurisdiction to modify a ruling on a Rule 32 petition 30 days after the ruling is entered), the circuit court had no jurisdiction to grant an out-of-time appeal to Scott, who had already had an appeal. 2005Although the circuit court's April 1, 2004, ruling on Scott's motion to reconsider was over six months after it had initially, on September 23, 2003, purported to grant Scott's Rule 32 petition by granting an out-of-time appeal, see, e.g., Loggins v. State, 910 So.2d 146 (Ala.Crim.App.2005) (a circuit court loses jurisdiction to modify a ruling on a Rule 32 petition 30 days after the ruling is entered), the circuit court had no jurisdiction to grant an out-of-time appeal to Scott, who had already had an appeal. | 1 | 2005–2005 |
United States v. Laurence Keiswetter
green
2 sentences2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d 2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d | 1 | 2005–2005 |
Jones v. State
green
2 sentences2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d 2005Finally, with respect to the December 19, 2000, event, he argues that there was no showing that the dancer who exposed her breast did so in a manner that violated the statute as charged in the indictment, i.e., "with less than a fully opaque covering or any portion thereof below the top half of the nipple." (Scott's brief at p. 17.) Rule 14.4(b), Ala.R.Crim.P., provides that "[n]otwithstanding the acceptance of a plea of guilty, the court shall not enter a judgment upon such plea without being satisfied that there is a factual basis for the plea." "The purpose of requiring the trial judge to d | 1 | 2005–2005 |
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.