59 Alabama opinions name it 2 courts 1981–2024 2 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 |
|---|---|---|
Apprendi v. New Jerseygreen2 sentences2007See Apprendi v. New Jersey, 530 U.S. 466, 490-91, n. 16 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) (noting “the distinction the Court has often recognized between facts in aggravation of punishment and facts in mitigation” (citation omitted [in Ring ])). 2007See Apprendi v. New Jersey, 530 U.S. 466, 490-91, n. 16 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) (noting “the distinction the Court has often recognized between facts in aggravation of punishment and facts in mitigation” (citation omitted [in Ring ])). | 14 | 16 |
State v. Mooregreen2 sentences2011See also State v. Davis, 290 N.C. 511 , 227 S.E.2d 97, 110 (1976) (“[t]he strict rule that an accused cannot waive his right to be present at every stage of his trial upon an indictment charging a capital felony, State v. Moore, 275 N.C. 198 , 166 S.E.2d 652 (1969), is not extended to require his presence at the hearing of a pretrial motion for discovery when he is represented by counsel who consented to his absence, and when no prejudice resulted from his absence”). 2011See also State v. Davis, 290 N.C. 511 , 227 S.E.2d 97, 110 (1976) (“[t]he strict rule that an accused cannot waive his right to be present at every stage of his trial upon an indictment charging a capital felony, State v. Moore, 275 N.C. 198 , 166 S.E.2d 652 (1969), is not extended to require his presence at the hearing of a pretrial motion for discovery when he is represented by counsel who consented to his absence, and when no prejudice resulted from his absence”). | 8 | 8 |
State v. Davisgreen2 sentences2011See also State v. Davis, 290 N.C. 511 , 227 S.E.2d 97, 110 (1976) (“[t]he strict rule that an accused cannot waive his right to be present at every stage of his trial upon an indictment charging a capital felony, State v. Moore, 275 N.C. 198 , 166 S.E.2d 652 (1969), is not extended to require his presence at the hearing of a pretrial motion for discovery when he is represented by counsel who consented to his absence, and when no prejudice resulted from his absence”). 2011See also State v. Davis, 290 N.C. 511 , 227 S.E.2d 97, 110 (1976) (“[t]he strict rule that an accused cannot waive his right to be present at every stage of his trial upon an indictment charging a capital felony, State v. Moore, 275 N.C. 198 , 166 S.E.2d 652 (1969), is not extended to require his presence at the hearing of a pretrial motion for discovery when he is represented by counsel who consented to his absence, and when no prejudice resulted from his absence”). | 8 | 8 |
Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitationgreen2 sentences2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 2007As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): "`Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: "`"`The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983)], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), "which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could `be lost by consent or at times even by misconduct.' Snyder v. Massachusetts, 291 U.S | 5 | 8 |
United States v. Mansfieldgreen2 sentences2005In Click , we stated: "A postconviction petitioner who raises a Sixth Amendment claim of ineffective assistance of counsel `waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.' United States v. Mansfield, 33 M.J. 972, 984 (A.F.C.M.R. 1991), review granted, 37 M.J. 246 (C.M.A.), aff'd, 38 M.J. 415 (C.M.A. 1993), cert. denied, 511 U.S. 1052 , 114 S.Ct. 1610 , 128 L.Ed.2d 338 (1994). 2005In Click , we stated: "A postconviction petitioner who raises a Sixth Amendment claim of ineffective assistance of counsel `waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.' United States v. Mansfield, 33 M.J. 972, 984 (A.F.C.M.R. 1991), review granted, 37 M.J. 246 (C.M.A.), aff'd, 38 M.J. 415 (C.M.A. 1993), cert. denied, 511 U.S. 1052 , 114 S.Ct. 1610 , 128 L.Ed.2d 338 (1994). | 3 | 3 |
Ex Parte State of Alabamagreen2 sentences2011We recognize that a defendant “who raises a Sixth Amendment claim of ineffective assistance of counsel ‘waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.’ ” State v. Click, 768 So.2d 417, 421 (Ala.Crim.App.1999) (quoting United States v. Mansfield, 38 M.J. 972 , 984 (A.F.C.M.R.1991), affd, 38 M.J. 415 (C.M.A.1993)). 2011We recognize that a defendant “who raises a Sixth Amendment claim of ineffective assistance of counsel ‘waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.’ ” State v. Click, 768 So.2d 417, 421 (Ala.Crim.App.1999) (quoting United States v. Mansfield, 38 M.J. 972 , 984 (A.F.C.M.R.1991), affd, 38 M.J. 415 (C.M.A.1993)). | 2 | 2 |
Duren v. Missourigreen2 sentences1992See Duren v. Missouri , 439 U.S. 357 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979); Robinson v. State , 560 So.2d 1130 , 1132 (Ala.Cr.App. 1989). 1992See Duren v. Missouri , 439 U.S. 357 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979); Robinson v. State , 560 So.2d 1130 , 1132 (Ala.Cr.App. 1989). | 2 | 2 |
United States v. Leland Wayne Long, and Benjamin Charles Smithgreen2 sentences1986Goodman v. State, 387 So.2d 862 (Ala.Cr.App.), cert. denied, Ex parte Goodman, 387 So.2d 864 (Ala.1980). ‘Defense counsel’s failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.’ United States v. Hughes, 635 F.2d 449, 453 (5th Cir.1981). ‘This Court will not second-guess tactical decisions of counsel in deciding whether to call certain witnesses.’ United States v. Long, 674 F.2d 848, 855 (11th Cir.1982). 1986Goodman v. State, 387 So.2d 862 (Ala.Cr.App.), cert. denied, Ex parte Goodman, 387 So.2d 864 (Ala.1980). ‘Defense counsel’s failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.’ United States v. Hughes, 635 F.2d 449, 453 (5th Cir.1981). ‘This Court will not second-guess tactical decisions of counsel in deciding whether to call certain witnesses.’ United States v. Long, 674 F.2d 848, 855 (11th Cir.1982). | 1 | 5 |
United States v. Pressie Hughes, Jr.green2 sentences1994"Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim." United States v. Hughes , 635 F.2d 449 , 453 (5th Cir. 1981). 1994"Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim." United States v. Hughes , 635 F.2d 449 , 453 (5th Cir. 1981). | 1 | 4 |
Doggett v. United Statesgreen2 sentences1995While such presumptive prejudice cannot alone carry a Sixth Amendment claim without regard to the other Barker criteria, it is part of the mix of relevant facts, and its importance increases with the length of delay." Doggett v. United States , 505 U.S. at 655 -56 , 112 S.Ct. at 2692-93 (citation omitted). 1995While such presumptive prejudice cannot alone carry a Sixth Amendment claim without regard to the other Barker criteria, it is part of the mix of relevant facts, and its importance increases with the length of delay." Doggett v. United States , 505 U.S. at 655 -56 , 112 S.Ct. at 2692-93 (citation omitted). | 1 | 3 |
Oliver v. Stategreen2 sentences1984Goodman v. State , 387 So.2d 862 (Ala.Cr.App.), cert. denied, Ex parte Goodman , 387 So.2d 864 (Ala. 1980). `Defense counsel's failure to call certain *Page 1042 witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 449 , 453 (5th Cir. 1981). `This Court will not second-guess tactical decisions of counsel in deciding whether to call certain witnesses.' United States v. Long , 674 F.2d 848 , 855 (11th Cir. 1982)." Oliver v. State , 435 So.2d 207 , 208-09 (Ala.Cr.App. 1983). 1984Goodman v. State , 387 So.2d 862 (Ala.Cr.App.), cert. denied, Ex parte Goodman , 387 So.2d 864 (Ala. 1980). `Defense counsel's failure to call certain *Page 1042 witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 449 , 453 (5th Cir. 1981). `This Court will not second-guess tactical decisions of counsel in deciding whether to call certain witnesses.' United States v. Long , 674 F.2d 848 , 855 (11th Cir. 1982)." Oliver v. State , 435 So.2d 207 , 208-09 (Ala.Cr.App. 1983). | 1 | 3 |
| Kareem Peterson v. Melvin Williamsgreen | 1 | 1 |
| United States v. Perry, Antoinegreen | 1 | 1 |
| United States v. Deangelo Andersongreen | 1 | 1 |
| United States v. Izacgreen | 1 | 1 |
| Gibbons v. Savagegreen | 1 | 1 |
| Swain v. Stategreen | 1 | 1 |
| Aragon v. Stategreen | 1 | 1 |
| Callahan v. Stategreen | 1 | 1 |
| Waldrop v. Stategreen | 1 | 1 |
| Marcus T. Baumann v. United Statesgreen | 1 | 1 |
| John D. Brown v. Robert H. Butler, Jr., Warden, Louisiana State Penitentiary, Respondentgreen | 1 | 1 |
| Swain v. Terrygreen | 1 | 1 |
| Perry v. Leekegreen | 1 | 1 |
| Gannett Co. v. DePasqualegreen | 1 | 1 |
| Ex Parte Birmingham News Co., Inc.green | 1 | 1 |
| Holland v. Illinoisgreen | 1 | 1 |
| Paradise v. Stategreen | 1 | 1 |
| Falkner v. Stategreen | 1 | 1 |
| Reginald Bernard Tinsley v. Tom Purvis, Wardengreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Snyder v. Massachusettsgreen2 sentences2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 | 1 | 8 |
Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitationgreen2 sentences2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 2007As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): "`Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: "`"`The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983)], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), "which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could `be lost by consent or at times even by misconduct.' Snyder v. Massachusetts, 291 U.S | 1 | 8 |
| Adams v. Stategreen | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Wainwright v. Proffitt
green
2 sentences2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 2007As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): "`Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: "`"`The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983)], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), "which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could `be lost by consent or at times even by misconduct.' Snyder v. Massachusetts, 291 U.S | 7 | 1996–2011 |
Goodman v. United States
green
2 sentences2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 2007As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): "`Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: "`"`The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983)], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), "which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could `be lost by consent or at times even by misconduct.' Snyder v. Massachusetts, 291 U.S | 7 | 1996–2011 |
McSween v. Windham
green
2 sentences2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 2007As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): "`Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: "`"`The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983)], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), "which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could `be lost by consent or at times even by misconduct.' Snyder v. Massachusetts, 291 U.S | 7 | 1996–2011 |
Borden v. State
green
2 sentences2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 2007As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): "`Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: "`"`The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983)], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), "which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could `be lost by consent or at times even by misconduct.' Snyder v. Massachusetts, 291 U.S | 5 | 1999–2011 |
Ponder v. State
green
2 sentences2011As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): “ ‘Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: “ ‘ “ ‘The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983) ], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), “which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could ‘be lost by consent or at times even by misconduct.’ Snyder v. Massachusetts, 29 2007As this Court reiterated in Borden v. State, 769 So.2d 935 (Ala.Cr.App.1997): "`Recently, in Ponder v. State, 688 So.2d 280 (Ala.Cr.App.1996), this court stated: "`"`The court in Proffitt v. Wainwright, [ 685 F.2d 1227 (11th Cir.1982), cert. denied, 464 U.S. 1002 , 104 S.Ct. 508 , 78 L.Ed.2d 697 (1983)], acknowledged in a footnote that in Snyder v. Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934), "which was a capital case, [the Court] stated the sixth amendment privilege of confrontation could `be lost by consent or at times even by misconduct.' Snyder v. Massachusetts, 291 U.S | 4 | 1998–2011 |
United States v. Mansfield
green
2 sentences2011We recognize that a defendant “who raises a Sixth Amendment claim of ineffective assistance of counsel ‘waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.’ ” State v. Click, 768 So.2d 417, 421 (Ala.Crim.App.1999) (quoting United States v. Mansfield, 38 M.J. 972 , 984 (A.F.C.M.R.1991), affd, 38 M.J. 415 (C.M.A.1993)). 2011We recognize that a defendant “who raises a Sixth Amendment claim of ineffective assistance of counsel ‘waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.’ ” State v. Click, 768 So.2d 417, 421 (Ala.Crim.App.1999) (quoting United States v. Mansfield, 38 M.J. 972 , 984 (A.F.C.M.R.1991), affd, 38 M.J. 415 (C.M.A.1993)). | 4 | 1999–2011 |
Heritage Capital Corp. v. Deloitte, Haskins & Sells
green
2 sentences2005In Click , we stated: "A postconviction petitioner who raises a Sixth Amendment claim of ineffective assistance of counsel `waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.' United States v. Mansfield, 33 M.J. 972, 984 (A.F.C.M.R. 1991), review granted, 37 M.J. 246 (C.M.A.), aff'd, 38 M.J. 415 (C.M.A. 1993), cert. denied, 511 U.S. 1052 , 114 S.Ct. 1610 , 128 L.Ed.2d 338 (1994). 2005In Click , we stated: "A postconviction petitioner who raises a Sixth Amendment claim of ineffective assistance of counsel `waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.' United States v. Mansfield, 33 M.J. 972, 984 (A.F.C.M.R. 1991), review granted, 37 M.J. 246 (C.M.A.), aff'd, 38 M.J. 415 (C.M.A. 1993), cert. denied, 511 U.S. 1052 , 114 S.Ct. 1610 , 128 L.Ed.2d 338 (1994). | 3 | 1999–2005 |
Branton v. Federal Communications Commission
green
2 sentences2005In Click , we stated: "A postconviction petitioner who raises a Sixth Amendment claim of ineffective assistance of counsel `waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.' United States v. Mansfield, 33 M.J. 972, 984 (A.F.C.M.R. 1991), review granted, 37 M.J. 246 (C.M.A.), aff'd, 38 M.J. 415 (C.M.A. 1993), cert. denied, 511 U.S. 1052 , 114 S.Ct. 1610 , 128 L.Ed.2d 338 (1994). 2005In Click , we stated: "A postconviction petitioner who raises a Sixth Amendment claim of ineffective assistance of counsel `waives the attorney-client privilege as to matters reasonably related to the claim of inadequate representation.' United States v. Mansfield, 33 M.J. 972, 984 (A.F.C.M.R. 1991), review granted, 37 M.J. 246 (C.M.A.), aff'd, 38 M.J. 415 (C.M.A. 1993), cert. denied, 511 U.S. 1052 , 114 S.Ct. 1610 , 128 L.Ed.2d 338 (1994). | 3 | 1999–2005 |
United States v. Gonzalez-Lopez
green
2 sentences2024Therefore, "[w]here the right to be assisted by counsel of one's choice is wrongly denied ... it is unnecessary to conduct an ineffectiveness or prejudice inquiry to establish a Sixth Amendment violation." Id. at 148 , 126 S. Ct. 2557 . 2024Therefore, "[w]here the right to be assisted by counsel of one's choice is wrongly denied ... it is unnecessary to conduct an ineffectiveness or prejudice inquiry to establish a Sixth Amendment violation." Id. at 148 , 126 S. Ct. 2557 . | 2 | 2010–2024 |
Arizona v. Fulminante
green
2 sentences2024The Court then went on to explain: " ' "In Arizona v. Fulminante, 499 U.S. 279 , 111 S. Ct. 1246 , 113 L. 2024The Court then went on to explain: " ' "In Arizona v. Fulminante, 499 U.S. 279 , 111 S. Ct. 1246 , 113 L. | 2 | 2010–2024 |
Ring v. Arizona
green
2 sentences2003Id. (quoting Apprendi, 530 U.S. at 494 n. 19, 120 S.Ct. 2348 ). 2002Id. (quoting Apprendi , 530 U.S. at 494 n. 19). | 2 | 2002–2003 |
Massiah v. United States
green
2 sentences2002This Court, in Bates , also looked to the United States Supreme Court's decision in Kuhlmann v. Wilson, 477 U.S. 436 , 106 S.Ct. 2616 , 91 L.Ed.2d 364 (1986): "`As our recent examination of this Sixth Amendment issue in [ Maine v.] Moulton[, 474 U.S. 159 , 106 S.Ct. 477 , 88 L.Ed.2d 481 (1985)] makes clear, the primary concern of the Massiah [ v. U.S., 377 U.S. 201 , 84 S.Ct. 1199 , 12 L.Ed.2d 246 (1964)] line of decisions is secret interrogation by investigatory techniques that are the equivalent of direct police interrogation. 2002This Court, in Bates , also looked to the United States Supreme Court's decision in Kuhlmann v. Wilson, 477 U.S. 436 , 106 S.Ct. 2616 , 91 L.Ed.2d 364 (1986): "`As our recent examination of this Sixth Amendment issue in [ Maine v.] Moulton[, 474 U.S. 159 , 106 S.Ct. 477 , 88 L.Ed.2d 481 (1985)] makes clear, the primary concern of the Massiah [ v. U.S., 377 U.S. 201 , 84 S.Ct. 1199 , 12 L.Ed.2d 246 (1964)] line of decisions is secret interrogation by investigatory techniques that are the equivalent of direct police interrogation. | 2 | 1989–2002 |
United States v. Henry
green
2 sentences2002Since "the Sixth Amendment is not violated wheneverby luck or happenstancethe State obtains incriminating statements from the accused after the right to counsel has attached," 474 U.S., at 176 , [106 S.Ct. at 487] citing United States v. Henry, supra, [447 U.S.] at 276[, 100 S.Ct. at 2189 ] (Powell, J., concurring), a defendant does not make out a violation of that right simply by showing that an informant, either through prior arrangement or voluntarily, reported his incriminating statement to the police. 1989Since 'the Sixth Amendment is not violated whenever — by luck or happenstance — the State obtains incriminating statements from the accused after the right to counsel has attached,' 474 U.S., at 176 , [106 S.Ct. at 487] citing United States v. Henry, supra , [447 U.S.] at 276[, 100 S.Ct. at 2189 ] (Powell, J., concurring), a defendant does not make out a violation of that right simply by showing that an informant, either through prior arrangement or voluntarily, reported his incriminating statement to the police. | 2 | 1989–2002 |
Maine v. Moulton
green
2 sentences2002This Court, in Bates , also looked to the United States Supreme Court's decision in Kuhlmann v. Wilson, 477 U.S. 436 , 106 S.Ct. 2616 , 91 L.Ed.2d 364 (1986): "`As our recent examination of this Sixth Amendment issue in [ Maine v.] Moulton[, 474 U.S. 159 , 106 S.Ct. 477 , 88 L.Ed.2d 481 (1985)] makes clear, the primary concern of the Massiah [ v. U.S., 377 U.S. 201 , 84 S.Ct. 1199 , 12 L.Ed.2d 246 (1964)] line of decisions is secret interrogation by investigatory techniques that are the equivalent of direct police interrogation. 2002This Court, in Bates , also looked to the United States Supreme Court's decision in Kuhlmann v. Wilson, 477 U.S. 436 , 106 S.Ct. 2616 , 91 L.Ed.2d 364 (1986): "`As our recent examination of this Sixth Amendment issue in [ Maine v.] Moulton[, 474 U.S. 159 , 106 S.Ct. 477 , 88 L.Ed.2d 481 (1985)] makes clear, the primary concern of the Massiah [ v. U.S., 377 U.S. 201 , 84 S.Ct. 1199 , 12 L.Ed.2d 246 (1964)] line of decisions is secret interrogation by investigatory techniques that are the equivalent of direct police interrogation. | 2 | 1989–2002 |
United States v. Anthony \Tony\" Caucci"
green
2 sentences1994Duncan v. State , 461 So.2d 906 (Ala.Cr.App. 1984). " 'Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 441 , 453 (5th Cir.), cert. denied, 454 U.S. 831 , 102 S.Ct. 128 , 70 L.Ed.2d 108 (1981)." 461 So.2d at 909 . 1994Duncan v. State , 461 So.2d 906 (Ala.Cr.App. 1984). " 'Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 441 , 453 (5th Cir.), cert. denied, 454 U.S. 831 , 102 S.Ct. 128 , 70 L.Ed.2d 108 (1981)." 461 So.2d at 909 . | 2 | 1984–1994 |
Rome v. Kansas ex rel. Commission on Judicial Qualifications
green
2 sentences1994Duncan v. State , 461 So.2d 906 (Ala.Cr.App. 1984). " 'Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 441 , 453 (5th Cir.), cert. denied, 454 U.S. 831 , 102 S.Ct. 128 , 70 L.Ed.2d 108 (1981)." 461 So.2d at 909 . 1994Duncan v. State , 461 So.2d 906 (Ala.Cr.App. 1984). " 'Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 441 , 453 (5th Cir.), cert. denied, 454 U.S. 831 , 102 S.Ct. 128 , 70 L.Ed.2d 108 (1981)." 461 So.2d at 909 . | 2 | 1984–1994 |
Ron Tonkin Gran Turismo, Inc. v. Fiat Distributors, Inc.
green
2 sentences1994Duncan v. State , 461 So.2d 906 (Ala.Cr.App. 1984). " 'Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 441 , 453 (5th Cir.), cert. denied, 454 U.S. 831 , 102 S.Ct. 128 , 70 L.Ed.2d 108 (1981)." 461 So.2d at 909 . 1994Duncan v. State , 461 So.2d 906 (Ala.Cr.App. 1984). " 'Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 441 , 453 (5th Cir.), cert. denied, 454 U.S. 831 , 102 S.Ct. 128 , 70 L.Ed.2d 108 (1981)." 461 So.2d at 909 . | 2 | 1984–1994 |
Sackman-Gilliland Corp. v. Chelsea Title & Guaranty Co.
green
2 sentences1994Duncan v. State , 461 So.2d 906 (Ala.Cr.App. 1984). " 'Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 441 , 453 (5th Cir.), cert. denied, 454 U.S. 831 , 102 S.Ct. 128 , 70 L.Ed.2d 108 (1981)." 461 So.2d at 909 . 1994Duncan v. State , 461 So.2d 906 (Ala.Cr.App. 1984). " 'Defense counsel's failure to call certain witnesses is not sufficient grounds for a Sixth Amendment claim.' United States v. Hughes , 635 F.2d 441 , 453 (5th Cir.), cert. denied, 454 U.S. 831 , 102 S.Ct. 128 , 70 L.Ed.2d 108 (1981)." 461 So.2d at 909 . | 2 | 1984–1994 |
| Robinson v. State green | 2 | 1991–1992 |
| Cuyler v. Sullivan green | 2 | 1985–1990 |
| Goodman v. State green | 2 | 1984–1986 |
| Ex Parte Goodman green | 2 | 1984–1986 |
| Bucci v. United States green | 1 | 2023–2023 |
| State v. Schierman green | 1 | 2023–2023 |
| State v. Jones green | 1 | 2023–2023 |
| Ex Parte Hall green | 1 | 2010–2010 |
| Hall v. State green | 1 | 2010–2010 |
| Kuhlmann v. Wilson green | 1 | 2002–2002 |
| Ex Parte Harris green | 1 | 1996–1996 |
| Harris v. State green | 1 | 1996–1996 |
| Harris v. Alabama green | 1 | 1996–1996 |
| Estelle v. Smith green | 1 | 1996–1996 |
| Duncan v. State green | 1 | 1994–1994 |
| United States v. Loud Hawk green | 1 | 1994–1994 |
| Smith v. White green | 1 | 1992–1992 |
| Gardner v. Maloney green | 1 | 1992–1992 |
| Smith v. White green | 1 | 1992–1992 |
| Ex Parte Frith green | 1 | 1989–1989 |
| United States v. Gouveia green | 1 | 1987–1987 |
| United States v. Mary Cullar Brown green | 1 | 1986–1986 |
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.