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7 Alabama opinions name it 2 courts 1990–2015 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 |
|---|---|---|
Holliday v. Stategreen2 sentences2012Holliday v. State, 641 So.2d 325, 329 (Ala.Cr.App.1994); Mathis v. State, 414 So.2d 151 (Ala.Cr.App.1982).’ ” Smith v. State, 756 So.2d 892, 928 (Ala.Crim.App.1998). 1999Holliday v. State, 641 So.2d 325, 329 (Ala. Cr.App.1994); Mathis v. State, 414 So.2d 151 (Ala.Cr.App.1982)." Smith v. State, 756 So.2d 892, 927 (Ala.Cr.App.1998), aff'd, 756 So.2d 957 (Ala.2000). | 4 | 4 |
Smith v. Stategreen2 sentences2012Holliday v. State, 641 So.2d 325, 329 (Ala.Cr.App.1994); Mathis v. State, 414 So.2d 151 (Ala.Cr.App.1982).’ ” Smith v. State, 756 So.2d 892, 928 (Ala.Crim.App.1998). 1999Holliday v. State, 641 So.2d 325, 329 (Ala. Cr.App.1994); Mathis v. State, 414 So.2d 151 (Ala.Cr.App.1982)." Smith v. State, 756 So.2d 892, 927 (Ala.Cr.App.1998), aff'd, 756 So.2d 957 (Ala.2000). | 3 | 3 |
Ex Parte Marekgreen1 sentence1997In the present case, we note that when Harrison made his motion for a mistrial, he did not request an immediate curative instruction; however, this is not detrimental to this case. “[A] motion for mistrial includes all lesser prayers for relief, including a motion to strike.” Campbell v. State, 570 So.2d 1276, 1281 (Ala.Cr.App.1990); See Ex parte Marek, 556 So.2d 375, 379 (Ala.1989) (“when a litigant makes a motion for a mistrial immediately after the question or questions are asked that are the grounds made the basis of the motion for the mistrial, and the grounds for the motion are clear and | 1 | 1 |
Campbell v. Stategreen1 sentence1997In the present case, we note that when Harrison made his motion for a mistrial, he did not request an immediate curative instruction; however, this is not detrimental to this case. “[A] motion for mistrial includes all lesser prayers for relief, including a motion to strike.” Campbell v. State, 570 So.2d 1276, 1281 (Ala.Cr.App.1990); See Ex parte Marek, 556 So.2d 375, 379 (Ala.1989) (“when a litigant makes a motion for a mistrial immediately after the question or questions are asked that are the grounds made the basis of the motion for the mistrial, and the grounds for the motion are clear and | 1 | 1 |
Allen v. Stategreen1 sentence1997In the present case, we note that when Harrison made his motion for a mistrial, he did not request an immediate curative instruction; however, this is not detrimental to this case. “[A] motion for mistrial includes all lesser prayers for relief, including a motion to strike.” Campbell v. State, 570 So.2d 1276, 1281 (Ala.Cr.App.1990); See Ex parte Marek, 556 So.2d 375, 379 (Ala.1989) (“when a litigant makes a motion for a mistrial immediately after the question or questions are asked that are the grounds made the basis of the motion for the mistrial, and the grounds for the motion are clear and | 1 | 1 |
Qualls v. Stategreen1 sentence1997In the present case, we note that when Harrison made his motion for a mistrial, he did not request an immediate curative instruction; however, this is not detrimental to this case. “[A] motion for mistrial includes all lesser prayers for relief, including a motion to strike.” Campbell v. State, 570 So.2d 1276, 1281 (Ala.Cr.App.1990); See Ex parte Marek, 556 So.2d 375, 379 (Ala.1989) (“when a litigant makes a motion for a mistrial immediately after the question or questions are asked that are the grounds made the basis of the motion for the mistrial, and the grounds for the motion are clear and | 1 | 1 |
Harris v. Stategreen1 sentence1997In the present case, we note that when Harrison made his motion for a mistrial, he did not request an immediate curative instruction; however, this is not detrimental to this case. “[A] motion for mistrial includes all lesser prayers for relief, including a motion to strike.” Campbell v. State, 570 So.2d 1276, 1281 (Ala.Cr.App.1990); See Ex parte Marek, 556 So.2d 375, 379 (Ala.1989) (“when a litigant makes a motion for a mistrial immediately after the question or questions are asked that are the grounds made the basis of the motion for the mistrial, and the grounds for the motion are clear and | 1 | 1 |
Douglas Edwards v. City of Philadelphia and Officer Haworth, James, Badge No. 2944green2 sentences1990"Significantly, the test most often applied by appellate courts to these cases, holds that the use of a 'Golden Rule' argument is rendered harmless either by an immediate curative instruction . . . or by a complete final instruction to the jury concerning its proper role in the determination of liability and damages issues." Edwards v. City of Philadelphia , 860 F.2d 568 , 574 (3d Cir. 1988). 1990"Significantly, the test most often applied by appellate courts to these cases, holds that the use of a `Golden Rule' argument is rendered harmless either by an immediate curative instruction ... or by a complete final instruction to the jury concerning its proper role in the determination of liability and damages issues." Edwards v. City of Philadelphia, 860 F.2d 568, 574 (3d Cir. 1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mathis v. State
green
2 sentences2012Holliday v. State, 641 So.2d 325, 329 (Ala.Cr.App.1994); Mathis v. State, 414 So.2d 151 (Ala.Cr.App.1982).’ ” Smith v. State, 756 So.2d 892, 928 (Ala.Crim.App.1998). 1999Holliday v. State, 641 So.2d 325, 329 (Ala. Cr.App.1994); Mathis v. State, 414 So.2d 151 (Ala.Cr.App.1982)." Smith v. State, 756 So.2d 892, 927 (Ala.Cr.App.1998), aff'd, 756 So.2d 957 (Ala.2000). | 4 | 1998–2012 |
Ex Parte Smith
green
2 sentences1999Holliday v. State, 641 So.2d 325, 329 (Ala.Cr.App.1994); Mathis v. State, 414 So.2d 151 (Ala.Cr.App.1982)." " Smith v. State, 756 So.2d 892, 928 (Ala. Cr.App.1998), aff'd, 756 So.2d 957 (Ala. 1999)." Hall v. State, [Ms. CR-94-0661, October 1, 1999] ___ So.2d ___, ___ (Ala.Cr.App. 1999). 1999Holliday v. State, 641 So.2d 325, 329 (Ala. Cr.App.1994); Mathis v. State, 414 So.2d 151 (Ala.Cr.App.1982)." Smith v. State, 756 So.2d 892, 927 (Ala.Cr.App.1998), aff'd, 756 So.2d 957 (Ala.2000). | 2 | 1999–1999 |
Ex Parte Thomas
green
1 sentence2015However, during its instructions to the jury, the circuit court instructed the jury “not to speculate as to possible answers to questions which I did not require to be answered.” (R. 692.) Relying on Ex parte Thomas, 625 So.2d 1156 (Ala.1993), S.A.J. contends that the circuit court’s failure to give an immediate curative instruction constitutes reversible error. | 1 | 2015–2015 |
Yielding v. State
green
1 sentence1997In the present case, we note that when Harrison made his motion for a mistrial, he did not request an immediate curative instruction; however, this is not detrimental to this case. “[A] motion for mistrial includes all lesser prayers for relief, including a motion to strike.” Campbell v. State, 570 So.2d 1276, 1281 (Ala.Cr.App.1990); See Ex parte Marek, 556 So.2d 375, 379 (Ala.1989) (“when a litigant makes a motion for a mistrial immediately after the question or questions are asked that are the grounds made the basis of the motion for the mistrial, and the grounds for the motion are clear and | 1 | 1997–1997 |
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.