7 Alabama opinions name it 1 courts 1992–2011 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 |
|---|---|---|
| No positive-treatment citations attached to this issue in Alabama. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
DeRamus v. State
green
2 sentences2006The complained-of instruction in Sandstrom was as follows: ‘[T]he law presumes that a person intends the ordinary consequences of his voluntary acts.’ The instruction in Sandstrom created a ‘mandatory presumption.’ “In DeRamus v. State, 565 So.2d 1167 (Ala.Cr.App.1990), the trial court gave a similar instruction to the jury as the one involved in the instant case. 2006The complained-of instruction in Sandstrom was as follows: `[T]he law presumes that a person intends the ordinary consequences of his voluntary acts.' The instruction in Sandstrom created a 'mandatory presumption.' "In DeRamus v. State, 565 So.2d 1167 (Ala.Cr.App.1990), the trial court gave a similar instruction to the jury as the one involved in the instant case. | 6 | 1992–2006 |
In Re WINSHIP
green
2 sentences2011And the Defendant would be entitled to an acquittal.” (R. 1062-63.) In Vanpelt, 74 So.3d at 83, this Court addressed a similar issue and, in concluding that the complained-of instruction did not improperly shift the burden of proof to the defendant, stated: “In Cage , the Supreme Court held that a Louisiana trial court’s reasonable-doubt instruction impermissibly suggested a higher degree of doubt than is required for acquittal under the reasonable-doubt standard of In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970). 2011And the Defendant would be entitled to an acquittal.” (R. 1062-63.) In Vanpelt, 74 So.3d at 83, this Court addressed a similar issue and, in concluding that the complained-of instruction did not improperly shift the burden of proof to the defendant, stated: “In Cage , the Supreme Court held that a Louisiana trial court’s reasonable-doubt instruction impermissibly suggested a higher degree of doubt than is required for acquittal under the reasonable-doubt standard of In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970). | 1 | 2011–2011 |
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.