conflict between waiver (Alabama) · Go Syfert
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conflict between waiver in Alabama

7 Alabama opinions name it 2 courts 1985–2026 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.

Followed or applied (4)

CaseFollowedCited
Ex Parte Andersongreen
ala · 1994 · cited in 3 Alabama opinions naming this issue, 1999–2003
2 sentences

2003See Ex parte Anderson, 644 So.2d 961, 963 (Ala.1994) (interpreting Rule 27, Ala.R.Civ.P.).

1999See Ex parte Anderson, 644 So.2d 961, 963 (Ala.1994) (interpreting Rule 27, Ala.R.Civ.P.).

33
North Carolina v. Alfordgreen
scotus · 1970 · cited in 2 Alabama opinions naming this issue, 1985–1986
2 sentences

1985However, we reiterate the following: *Page 512 "Because of the importance of protecting the innocent and of insuring that guilty pleas are a product of free and intelligent choice, various state and federal court decisions properly caution that pleas coupled with claims of innocence should not be accepted unless there is a factual basis for the plea . . . and until the judge taking the plea has inquired into and sought to resolve the conflict between the waiver of trial and the claim of innocence." Alford , 400 U.S. at 38 n. 10, 91 S.Ct. at 167 (citations omitted).

1985However, we reiterate the following: *Page 512 "Because of the importance of protecting the innocent and of insuring that guilty pleas are a product of free and intelligent choice, various state and federal court decisions properly caution that pleas coupled with claims of innocence should not be accepted unless there is a factual basis for the plea . . . and until the judge taking the plea has inquired into and sought to resolve the conflict between the waiver of trial and the claim of innocence." Alford , 400 U.S. at 38 n. 10, 91 S.Ct. at 167 (citations omitted).

12
Allison v. Stategreen
alacrimapp · 1986 · cited in 1 Alabama opinions naming this issue, 1988–1988
1 sentence

1988“Although a court may accept a guilty plea even if the defendant insists that he is innocent, guilty pleas coupled with claims of innocence should not be accepted unless there is a factual basis for the plea and not until the judge has inquired into and sought to resolve the conflict between the waiver of trial and the claim of innocence.” Allison v. State, 495 So. 2d 739, 741 (Ala.Cr.App.1986).

11
Luke v. Stategreen
alacrimapp · 1983 · cited in 1 Alabama opinions naming this issue, 1985–1985
1 sentence

1985See, e.g., Luke v. State , 439 So.2d 804 (Ala.Cr.App. 1983).

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 (2)

CaseCitedYears
Harper v. State green
ala · 2014
1 sentence

2026That said, if there is a conflict between the standard in Rule 820-2-1-.02(5)(c) and the standard in § 17-12-13, we would be required to apply the standard in the statute, Davis, supra, and, if the two standards mean essentially the same thing, then applying the statute should lead to the same result as applying the rule.

12026–2026
James W. Willett v. State of Georgia green
ca5 · 1979
1 sentence

1986North Carolina v. Alford , 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970); Willett v. Georgia , 608 F.2d 538 (5th Cir. 1979).

11986–1986

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (3)

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.

Where else courts name it

OH 15 (1982–2026) CA 11 (1958–2022) IL 11 (1909–1984) AZ 10 (1977–2025) CO 8 (1982–2025) TX 7 (1983–2015) AL 7 (1985–2026) UT 5 (1993–2020) LA 5 (1977–2024) IN 5 (1979–2016) MO 4 (1988–2017) IA 4 (1905–2017) ID 4 (1966–1992) GA 4 (1900–2013) NM 3 (2010–2020) MA 3 (1995–2010) NV 3 (1937–1996) CT 3 (1976–1997) KS 3 (2009–2024) FL 3 (1955–1998) MN 3 (1990–2019) MI 3 (1983–2013) TN 2 (2000–2015) PA 2 (1973–2007) DC 2 (1991–2014) NE 2 (1989–2006) MS 2 (1951–2022) NY 2 (1979–1985) OK 2 (1959–1993)

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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