predicate for admitting test (Alabama) · Go Syfert
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predicate for admitting test in Alabama

7 Alabama opinions name it 2 courts 1977–1999 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.

Followed or applied (3)

CaseFollowedCited
Moore v. Stategreen
alacrimapp · 1983 · cited in 6 Alabama opinions naming this issue, 1987–1999
2 sentences

1999Thus, blood alcohol test results may be admissible under the statute if the officer who performed the inspection testifies that the device was properly calibrated. "`In Ex parte Mayo , the Alabama Supreme Court set out an alternate method for establishing the necessary predicate for the introduction of I-5000 results: "`"To establish a predicate for admitting the test results, without reliance on the statute [§ 32-5A-194 , Ala. Code 1975], there should be evidence that: "`"(1) the theory underlying the photoelectric intoximeter test is valid and generally accepted as such; "`"(2) the intoximet

1997In determining what constituted a proper evidentiary predicate, the Supreme Court, in Mayo, cited with approval the following language from our decisions in Moore v. State, 442 So.2d 164, 167 (Ala.Cr.App.1983), and McDaniel v. State, 506 So.2d 360, 364 (Ala.Cr.App.1986): “To establish a predicate for admitting the test results, without reliance on the statute, there should be evidence that: “(1) the theory underlying the photoelectric intoximeter [now, the 1-5000] test is valid and generally accepted as such; “(2) the intoximeter [1-5000] is a reliable instrument and generally accepted as such

16
McDaniel v. Stategreen
alacrimapp · 1987 · cited in 1 Alabama opinions naming this issue, 1997–1997
1 sentence

1997In determining what constituted a proper evidentiary predicate, the Supreme Court, in Mayo, cited with approval the following language from our decisions in Moore v. State, 442 So.2d 164, 167 (Ala.Cr.App.1983), and McDaniel v. State, 506 So.2d 360, 364 (Ala.Cr.App.1986): “To establish a predicate for admitting the test results, without reliance on the statute, there should be evidence that: “(1) the theory underlying the photoelectric intoximeter [now, the 1-5000] test is valid and generally accepted as such; “(2) the intoximeter [1-5000] is a reliable instrument and generally accepted as such

11
Jones v. City of Summerdalegreen
alacrimapp · 1996 · cited in 1 Alabama opinions naming this issue, 1997–1997
1 sentence

1997In determining what constituted a proper evidentiary predicate, the Supreme Court, in Mayo, cited with approval the following language from our decisions in Moore v. State, 442 So.2d 164, 167 (Ala.Cr.App.1983), and McDaniel v. State, 506 So.2d 360, 364 (Ala.Cr.App.1986): “To establish a predicate for admitting the test results, without reliance on the statute, there should be evidence that: “(1) the theory underlying the photoelectric intoximeter [now, the 1-5000] test is valid and generally accepted as such; “(2) the intoximeter [1-5000] is a reliable instrument and generally accepted as such

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 (4)

CaseCitedYears
Mayo v. City of Madison green
ala · 1994
2 sentences

1997"In Ex parte Mayo , the Alabama Supreme Court set out an alternate method for establishing the necessary predicate for the introduction of I-5000 results: " 'To establish a predicate for admitting the test results, without reliance on the statute [§ 32-5A-194 , Ala. Code 1975], there should be evidence that: " '(1) the theory underlying the photoelectric intoximeter test is valid and generally accepted as such; " '(2) the intoximeter is a reliable instrument and is generally accepted as such; " '(3) the intoximeter test was administered by a qualified individual who could properly conduct the

1997In Ex parte Mayo , the Alabama Supreme Court set out an alternate method for establishing the necessary predicate for the introduction of I-5000 results: "To establish a predicate for admitting the test results, without reliance on the statute [§ 32-5A-194 , Ala. Code 1975], there should be evidence that: "(1) the theory underlying the photoelectric intoximeter test is valid and generally accepted as such; "(2) the intoximeter is a reliable instrument and is generally accepted as such; "(3) the intoximeter test was administered by a qualified individual who could properly conduct the test and

21997–1997
Harris v. State green
ark · 1965
2 sentences

1977The predicate for admitting that test may have been deficient because there was no showing of scientific reliability, cf. State v. Miller, 64 N.J.Super. 262 , 165 A.2d 829 (1960) (foundation for drunkometer reading); People v. Williams, 6 N.Y.2d 18 , 187 N.Y.S.2d 750 , 159 N.E.2d 549 (1959) (effect of narcotic addiction upon veracity character); Harris v. State, 239 Ark. 771 , 394 S.W.2d 135 (1965); and if counsel had made a timely objection, even a general objection, perhaps we would have a different case before us.

1977The predicate for admitting that test may have been deficient because there was no showing of scientific reliability, cf. State v. Miller, 64 N.J.Super. 262 , 165 A.2d 829 (1960) (foundation for drunkometer reading); People v. Williams, 6 N.Y.2d 18 , 187 N.Y.S.2d 750 , 159 N.E.2d 549 (1959) (effect of narcotic addiction upon veracity character); Harris v. State, 239 Ark. 771 , 394 S.W.2d 135 (1965); and if counsel had made a timely objection, even a general objection, perhaps we would have a different case before us.

11977–1977
State v. Miller green
njsuperctappdiv · 1960
2 sentences

1977The predicate for admitting that test may have been deficient because there was no showing of scientific reliability, cf. State v. Miller, 64 N.J.Super. 262 , 165 A.2d 829 (1960) (foundation for drunkometer reading); People v. Williams, 6 N.Y.2d 18 , 187 N.Y.S.2d 750 , 159 N.E.2d 549 (1959) (effect of narcotic addiction upon veracity character); Harris v. State, 239 Ark. 771 , 394 S.W.2d 135 (1965); and if counsel had made a timely objection, even a general objection, perhaps we would have a different case before us.

1977The predicate for admitting that test may have been deficient because there was no showing of scientific reliability, cf. State v. Miller, 64 N.J.Super. 262 , 165 A.2d 829 (1960) (foundation for drunkometer reading); People v. Williams, 6 N.Y.2d 18 , 187 N.Y.S.2d 750 , 159 N.E.2d 549 (1959) (effect of narcotic addiction upon veracity character); Harris v. State, 239 Ark. 771 , 394 S.W.2d 135 (1965); and if counsel had made a timely objection, even a general objection, perhaps we would have a different case before us.

11977–1977
People v. Williams green
ny · 1959
2 sentences

1977The predicate for admitting that test may have been deficient because there was no showing of scientific reliability, cf. State v. Miller, 64 N.J.Super. 262 , 165 A.2d 829 (1960) (foundation for drunkometer reading); People v. Williams, 6 N.Y.2d 18 , 187 N.Y.S.2d 750 , 159 N.E.2d 549 (1959) (effect of narcotic addiction upon veracity character); Harris v. State, 239 Ark. 771 , 394 S.W.2d 135 (1965); and if counsel had made a timely objection, even a general objection, perhaps we would have a different case before us.

1977The predicate for admitting that test may have been deficient because there was no showing of scientific reliability, cf. State v. Miller, 64 N.J.Super. 262 , 165 A.2d 829 (1960) (foundation for drunkometer reading); People v. Williams, 6 N.Y.2d 18 , 187 N.Y.S.2d 750 , 159 N.E.2d 549 (1959) (effect of narcotic addiction upon veracity character); Harris v. State, 239 Ark. 771 , 394 S.W.2d 135 (1965); and if counsel had made a timely objection, even a general objection, perhaps we would have a different case before us.

11977–1977

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