claim only for plain error (Alabama) · Go Syfert
← Alabama issues

claim only for plain error in Alabama

6 Alabama opinions name it 1 courts 2000–2013 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 (32)

CaseFollowedCited
Lockett v. Ohiogreen
scotus · 1978 · cited in 2 Alabama opinions naming this issue, 2000–2000
2 sentences

2000See Rule 45A, Ala.R.App.P. “‘A sentencer in a capital case may not refuse to consider or be “precluded from considering” mitigating factors.’ Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982)(quoting Lockett v. Ohio, 438 U.S. 586, 604 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978)).

2000See Rule 45A, Ala.R.App.P. “‘A sentencer in a capital case may not refuse to consider or be “precluded from considering” mitigating factors.’ Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982)(quoting Lockett v. Ohio, 438 U.S. 586, 604 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978)).

22
Eddings v. Oklahomagreen
scotus · 1982 · cited in 2 Alabama opinions naming this issue, 2000–2000
2 sentences

2000See Rule 45A, Ala.R.App.P. “‘A sentencer in a capital case may not refuse to consider or be “precluded from considering” mitigating factors.’ Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982)(quoting Lockett v. Ohio, 438 U.S. 586, 604 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978)).

2000See Rule 45A, Ala.R.App.P. “‘A sentencer in a capital case may not refuse to consider or be “precluded from considering” mitigating factors.’ Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982)(quoting Lockett v. Ohio, 438 U.S. 586, 604 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978)).

22
VanPelt v. Stategreen
alacrimapp · 2009 · cited in 1 Alabama opinions naming this issue, 2013–2013
1 sentence

2013In Vanpelt v. State, 74 So.3d 32, 91-92 (Ala.Crim.App.2009), this Court held: “In our adversarial system of criminal justice, a prosecutor seeking a sentence of death may properly argue to the jury that a death sentence is appropriate.

11
Farrell v. United Statesgreen
scotus · 1949 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Ex Parte Sockwellgreen
ala · 1995 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Sockwell v. Stategreen
alacrimapp · 1993 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Young v. Stategreen
alacrimapp · 1979 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Draper v. United Statesgreen
scotus · 1959 · cited in 1 Alabama opinions naming this issue, 2003–2003
2 sentences

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
MacEwan v. Stategreen
alacrimapp · 1997 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`A person accused of the greater offense has a right to have the court charge on lesser included offenses when there is a reasonable theory from the evidence supporting those lesser included offenses.' MacEwan v. State, 701 So.2d 66, 69 (Ala.Crim.App.1997).

11
Sockwell v. Alabamagreen
scotus · 1996 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Stewart v. Gramleygreen
scotus · 1996 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Daniels v. Stategreen
alacrimapp · 1985 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Ex Parte Danielsgreen
ala · 1988 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Ex Parte Danielsgreen
ala · 1986 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Daniels v. Stategreen
alacrimapp · 1987 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
State v. Johnsongreen
ala · 1996 · cited in 1 Alabama opinions naming this issue, 2003–2003
2 sentences

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Hardy v. Minnesota Lawyers Professional Responsibility Boardgreen
scotus · 1987 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Bazile v. Blackburngreen
scotus · 1987 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Arizona v. Youngbloodgreen
scotus · 1989 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Tice v. Stategreen
alacrimapp · 1980 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Ex Parte Ticegreen
ala · 1980 · cited in 1 Alabama opinions naming this issue, 2003–2003
1 sentence

2003See Rule 45A, Ala.R.App.P. "`Section 15-10-3[(a)](3), Ala.Code 1975, provides that an officer may arrest an individual without a warrant when a felony has been committed and he has reasonable cause to believe that the individual arrested committed the felony.' Sockwell v. State, 675 So.2d 4, 13 (Ala.Crim.App.1993), aff'd, 675 So.2d 38 (Ala.1995), cert. denied, 519 U.S. 838 , 117 S.Ct. 115 , 136 L.Ed.2d 67 (1996). `[R]easonable cause has been equated with probable cause.' Daniels v. State, 534 So.2d 628, 651 (Ala.Crim.App.1985), aff'd, 534 So.2d 656 (Ala.1986), cert. denied, 479 U.S. 1040 , 107

11
Hunt v. Stategreen
alacrimapp · 1994 · cited in 1 Alabama opinions naming this issue, 2001–2001
11
Ex Parte Huntgreen
ala · 1994 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001See Rule 45A, Ala. R.App.P. "`"Intent, being a state of mind, is rarely, if ever, susceptible of direct or positive proof, and must usually be inferred from the facts testified to by witnesses in the circumstances as developed by and through the evidence."'" Pilley, supra, 789 So.2d at 876, quoting Hunt v. State, 642 So.2d 999, 1008 (Ala.Crim.App. 1993), aff'd, 642 So.2d 1060 (Ala.1994).

11
Pilley v. Stategreen
alacrimapp · 1998 · cited in 1 Alabama opinions naming this issue, 2001–2001
2 sentences

2001See Rule 45A, Ala. R.App.P. "`"Intent, being a state of mind, is rarely, if ever, susceptible of direct or positive proof, and must usually be inferred from the facts testified to by witnesses in the circumstances as developed by and through the evidence."'" Pilley, supra, 789 So.2d at 876, quoting Hunt v. State, 642 So.2d 999, 1008 (Ala.Crim.App. 1993), aff'd, 642 So.2d 1060 (Ala.1994).

2001See Rule 45A, Ala. R.App.P. "`"Intent, being a state of mind, is rarely, if ever, susceptible of direct or positive proof, and must usually be inferred from the facts testified to by witnesses in the circumstances as developed by and through the evidence."'" Pilley, supra, 789 So.2d at 876, quoting Hunt v. State, 642 So.2d 999, 1008 (Ala.Crim.App. 1993), aff'd, 642 So.2d 1060 (Ala.1994).

11
Charlie Benson Bowen v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Centergreen
ca11 · 1985 · cited in 1 Alabama opinions naming this issue, 2001–2001
11
Ex Parte Kuenzelgreen
ala · 1991 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001See Rule 45A, Ala.R.App.P. "`This court has concluded that the failure to object to improper prosecutorial arguments ... should be weighed as part of our evaluation of the claim on the merits because of its suggestion that the defense did not consider the comments in question to be particularly harmful.'" Kuenzel v. State, 577 So.2d 474, 489 (Ala.Crim.App. 1990), aff'd, 577 So.2d 531 (Ala.), cert. denied, 502 U.S. 886 , 112 S.Ct. 242 , 116 L.Ed.2d 197 (1991), quoting Johnson v. Wainwright, 778 F.2d 623 , 629 n. 6 (11th Cir.1985), cert. denied, 484 U.S. 872 , 108 S.Ct. 201 , 98 L.Ed.2d 152 (198

11
Kuenzel v. Stategreen
alacrimapp · 1990 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001See Rule 45A, Ala.R.App.P. "`This court has concluded that the failure to object to improper prosecutorial arguments ... should be weighed as part of our evaluation of the claim on the merits because of its suggestion that the defense did not consider the comments in question to be particularly harmful.'" Kuenzel v. State, 577 So.2d 474, 489 (Ala.Crim.App. 1990), aff'd, 577 So.2d 531 (Ala.), cert. denied, 502 U.S. 886 , 112 S.Ct. 242 , 116 L.Ed.2d 197 (1991), quoting Johnson v. Wainwright, 778 F.2d 623 , 629 n. 6 (11th Cir.1985), cert. denied, 484 U.S. 872 , 108 S.Ct. 201 , 98 L.Ed.2d 152 (198

11
Hardin v. McMastergreen
scotus · 1987 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001See Rule 45A, Ala.R.App.P. "`This court has concluded that the failure to object to improper prosecutorial arguments ... should be weighed as part of our evaluation of the claim on the merits because of its suggestion that the defense did not consider the comments in question to be particularly harmful.'" Kuenzel v. State, 577 So.2d 474, 489 (Ala.Crim.App. 1990), aff'd, 577 So.2d 531 (Ala.), cert. denied, 502 U.S. 886 , 112 S.Ct. 242 , 116 L.Ed.2d 197 (1991), quoting Johnson v. Wainwright, 778 F.2d 623 , 629 n. 6 (11th Cir.1985), cert. denied, 484 U.S. 872 , 108 S.Ct. 201 , 98 L.Ed.2d 152 (198

11
Luna v. United Statesgreen
scotus · 1991 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001See Rule 45A, Ala.R.App.P. "`This court has concluded that the failure to object to improper prosecutorial arguments ... should be weighed as part of our evaluation of the claim on the merits because of its suggestion that the defense did not consider the comments in question to be particularly harmful.'" Kuenzel v. State, 577 So.2d 474, 489 (Ala.Crim.App. 1990), aff'd, 577 So.2d 531 (Ala.), cert. denied, 502 U.S. 886 , 112 S.Ct. 242 , 116 L.Ed.2d 197 (1991), quoting Johnson v. Wainwright, 778 F.2d 623 , 629 n. 6 (11th Cir.1985), cert. denied, 484 U.S. 872 , 108 S.Ct. 201 , 98 L.Ed.2d 152 (198

11
Bradley v. Puckettgreen
scotus · 1991 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001See Rule 45A, Ala.R.App.P. "`This court has concluded that the failure to object to improper prosecutorial arguments ... should be weighed as part of our evaluation of the claim on the merits because of its suggestion that the defense did not consider the comments in question to be particularly harmful.'" Kuenzel v. State, 577 So.2d 474, 489 (Ala.Crim.App. 1990), aff'd, 577 So.2d 531 (Ala.), cert. denied, 502 U.S. 886 , 112 S.Ct. 242 , 116 L.Ed.2d 197 (1991), quoting Johnson v. Wainwright, 778 F.2d 623 , 629 n. 6 (11th Cir.1985), cert. denied, 484 U.S. 872 , 108 S.Ct. 201 , 98 L.Ed.2d 152 (198

11
Marquez v. Texasgreen
scotus · 1987 · cited in 1 Alabama opinions naming this issue, 2001–2001
11
Standley v. United States Tax Courtgreen
scotus · 1987 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001See Rule 45A, Ala.R.App.P. "`This court has concluded that the failure to object to improper prosecutorial arguments ... should be weighed as part of our evaluation of the claim on the merits because of its suggestion that the defense did not consider the comments in question to be particularly harmful.'" Kuenzel v. State, 577 So.2d 474, 489 (Ala.Crim.App. 1990), aff'd, 577 So.2d 531 (Ala.), cert. denied, 502 U.S. 886 , 112 S.Ct. 242 , 116 L.Ed.2d 197 (1991), quoting Johnson v. Wainwright, 778 F.2d 623 , 629 n. 6 (11th Cir.1985), cert. denied, 484 U.S. 872 , 108 S.Ct. 201 , 98 L.Ed.2d 152 (198

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 (1)

CaseCitedYears
Jackson v. State green
alacrimapp · 2000
1 sentence

2009P. In distinguishing Guthrie , this Court in Jackson v. State, 791 So.2d 979 (Ala.Crim.App.2000), stated: “Jackson did not object to the presen-tence investigation report at the sentencing hearing; therefore, we may review this claim only for plain error.

12009–2009

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (6) AL § Ala. Code § 13A-5-45 (6) AL § Ala. Code § 13A-5-49 (6) AL § Ala. Code § 13A-5-53 (6) AL § Ala. Code § 13A-5-47 (5) AL § Ala. Code § 13A-5-51 (5) AL § Ala. Code § 13A-5-52 (4) AL § Ala. Code § 13A-3-1 (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

GA 37 (2017–2026) AL 6 (2000–2013) DC 4 (2003–2023) OK 4 (2013–2020) CO 2 (2016–2016) VT 2 (2002–2002)

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.

← Caselaw search · G Cite Topics · Brief Check