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7 Alabama opinions name it 3 courts 1915–1992 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 |
|---|---|---|
Miller v. Stategreen2 sentences1992See also Miller v. State , 194 Ga. App. 533 , 390 S.E.2d 901 , 90203 (1990), a prosecution for burglary and rape, wherein the state's attorney argued, "When you are deliberating, when you are thinking about this case, try to put yourself in Mrs. Wright's shoes, in her clothing, in her *Page 336 dressing, in her sleeping gown that morning, and what was the circumstance that she described." The Miller court decided that "the prosecutor's comments were in context of talking about circumstances that existed at the time of the incident and were not improper. 1992See also Miller v. State , 194 Ga. App. 533 , 390 S.E.2d 901 , 90203 (1990), a prosecution for burglary and rape, wherein the state's attorney argued, "When you are deliberating, when you are thinking about this case, try to put yourself in Mrs. Wright's shoes, in her clothing, in her *Page 336 dressing, in her sleeping gown that morning, and what was the circumstance that she described." The Miller court decided that "the prosecutor's comments were in context of talking about circumstances that existed at the time of the incident and were not improper. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Young v. State
green
2 sentences1975Young v. State, 283 Ala. 676 , 220 So.2d 843 . 1975Young v. State, 283 Ala. 676 , 220 So.2d 843 . | 2 | 1975–1975 |
California v. Brown
green
2 sentences1992In the third passage quoted above, there was no error in the trial court's overruling the defense objection to the prosecutor's draping the victim's blood-stained nightgown over a chair and referring to it as "Mrs. Riley." This personification of the evidence was undoubtedly an emotionally-charged part of the argument, but the sensations evoked were those which legitimately arose from the evidence itself and were not "extraneous emotional factors." Compare California v. Brown , 479 U.S. 538 , 542-43 , 107 S.Ct. 837 , 840 , 93 L.Ed.2d 934 (1987) (wherein the Court, approving an instruction whic 1992In the third passage quoted above, there was no error in the trial court's overruling the defense objection to the prosecutor's draping the victim's blood-stained nightgown over a chair and referring to it as "Mrs. Riley." This personification of the evidence was undoubtedly an emotionally-charged part of the argument, but the sensations evoked were those which legitimately arose from the evidence itself and were not "extraneous emotional factors." Compare California v. Brown , 479 U.S. 538 , 542-43 , 107 S.Ct. 837 , 840 , 93 L.Ed.2d 934 (1987) (wherein the Court, approving an instruction whic | 1 | 1992–1992 |
Hearns v. State
neutral
2 sentences1975The overruling of defense objection to testimony of Willie Johnson that he walked up to appellant after the shooting and said, “you killed this man.” (Tr. 77) In Hearns v. State, 47 Ala.App. 725 , 261 So.2d 64 , this court said: “Appellant’s counsel argues that the State failed to meet the burden of proving the corpus delicti. 1975The overruling of defense objection to testimony of Willie Johnson that he walked up to appellant after the shooting and said, “you killed this man.” (Tr. 77) In Hearns v. State, 47 Ala.App. 725 , 261 So.2d 64 , this court said: “Appellant’s counsel argues that the State failed to meet the burden of proving the corpus delicti. | 1 | 1975–1975 |
Jackson v. City of Montgomery
neutral
1 sentence1966In McGee v. State, 36 Ala.App. 479 , 59 So.2d 618 , we find: “ * * * The witness again replied ‘He raped me,’ and again the statement was excluded, and the jury instructed not to consider it. | 1 | 1966–1966 |
McGee v. State
neutral
1 sentence1966In McGee v. State, 36 Ala.App. 479 , 59 So.2d 618 , we find: “ * * * The witness again replied ‘He raped me,’ and again the statement was excluded, and the jury instructed not to consider it. | 1 | 1966–1966 |
Whittle v. State
green
1 sentence1921The other rulings presented for review by this appeal are identical with rulings considered by us in the case of Dan Whittle v. State, post, p. 639, 89 South. 43 , and determined adversely to appellant. | 1 | 1921–1921 |
Phillips-Neely Mercantile Co. v. Banks
neutral
2 sentences1915Co. v. Banks, 8 Ala. App. 549 , 63 South. 31 . (9) What we have said is .sufficient, without further discussion, to dispose of every assignment of error except the one in the following words: “Overruling defendants’ objection to the following question propounded by plaintiffs’ counsel to the witness A. R. 1915Co. v. Banks, 8 Ala. App. 549 , 63 South. 31 . (9) What we have said is .sufficient, without further discussion, to dispose of every assignment of error except the one in the following words: “Overruling defendants’ objection to the following question propounded by plaintiffs’ counsel to the witness A. R. | 1 | 1915–1915 |
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.