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7 Alabama opinions name it 1 courts 2013–2023 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.
| Case | Followed | Cited |
|---|---|---|
Hunt v. Stategreen2 sentences2023Hunt v. State, 940 So. 2d 1041, 1059 (Ala. Crim. 2023Hunt v. State, 940 So. 2d 1041, 1059 (Ala. Crim. | 3 | 5 |
Bishop v. Stategreen2 sentences2015See, e.g., Bishop v. State, 271 Ga. 291 (2), 519 S.E.2d 206 (1999) (([w]hen a defendant raises an affirmative defense and offers evidence in support thereof, the State has the burden of disproving that defense beyond a reasonable doubt’).” We find the Georgia Supreme Court’s- reasoning both persuasive and consistent with Alabama law. 2015See, e.g., Bishop v. State, 271 Ga. 291 (2), 519 S.E.2d 206 (1999) (([w]hen a defendant raises an affirmative defense and offers evidence in support thereof, the State has the burden of disproving that defense beyond a reasonable doubt’).” We find the Georgia Supreme Court’s- reasoning both persuasive and consistent with Alabama law. | 2 | 2 |
David Ronald Chandler v. United Statesgreen2 sentences2016Hunt v. State, 940 So.2d 1041, 1069 (Ala.Crim.App.2005) (quoting Chandler v. United States, 218 F.3d 1305, 1314, n. 15 (11th Cir.2000) (en banc)). ‘Never does the government acquire the burden to show competence, eyen when some evidence to the contrary might be offered by the petitioner.’ Jd. ‘ “ ‘An ambiguous or , silent record is, not sufficient to disprove the strong and continuing presumption [of effective representation]. 2013Hunt v. State, 940 So.2d 1041, 1059 (Ala.Crim.App.2005) (quoting Chandler v. United States, 218 F.3d 1305 , 1314 n. 15 (11th Cir.2000) (en banc)). | 1 | 2 |
Bunn v. Stategreen1 sentence2015See, e.g., Bishop v. State, 271 Ga. 291 (2), 519 S.E.2d 206 (1999) (‘[w]hen a defendant raises an affirmative defense and offers evidence in support thereof, the State has the burden of disproving that defense beyond a reasonable doubt’).” 284 Ga. at 413, 667 S.E.2d at 608 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stallworth v. State
green
2 sentences2017This is so because there is a presumption that counsel acted reasonably and that presumption " ' "is like the 'presumption of innocence' in a criminal trial," ' and the petitioner bears the burden of disproving that presumption." Stallworth v. State , 171 So.3d 53 , 92 (Ala. Crim. 2017This is so because there is a presumption that counsel acted reasonably and that presumption " ' "is like the 'presumption of innocence' in a criminal trial," ' and the petitioner bears the burden of disproving that presumption." Stallworth v. State , 171 So.3d 53 , 92 (Ala. Crim. | 3 | 2016–2017 |
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.