comments made defense (Alabama) · Go Syfert
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comments made defense in Alabama

6 Alabama opinions name it 1 courts 1981–2001 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
Davis v. Stategreen
alacrimapp · 1986 · cited in 4 Alabama opinions naming this issue, 1992–2001
2 sentences

2001However, the ... comments made by the prosecutor in his rebuttal replies to the comments made by defense counsel in his closing argument. `When the door is opened by defense counsel's argument, it swings wide, and a number of areas barred to prosecutorial comment would suddenly be subject to reply.' Davis v. State, 494 So.2d 851, 855 (Ala.Cr.App. 1986).

1994In Chatom v. State , 619 So.2d 222 , 224-25 (Ala.Cr.App. 1993), this court held: " 'When the door is opened by defense counsel's argument, it swings wide, and a number of areas barred to prosecutorial comment will suddenly be subject to reply.' Davis v. State , 494 So.2d 851 , 855 (Ala.Cr.App. 1986).

14
Jones v. Stategreen
alacrimapp · 1979 · cited in 2 Alabama opinions naming this issue, 1981–1981
2 sentences

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State , 373 So.2d 1221 , 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala. 1979), the defendant's conviction is still due to be affirmed on this ground. "(C)riminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property." Thomas v. State , 389 So.2d 552 , 554 (Ala.Cr.App. 1980); White v. State , 3

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State, 373 So.2d 1221, 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala.1979), the defendant’s conviction is still due to be affirmed on this ground. “(Criminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property.” Thomas v. State, 389 So.2d 552, 554 (Ala.Cr.App.1980); White v. State, 383 So.2d

12
Thomas v. Stategreen
alacrimapp · 1980 · cited in 2 Alabama opinions naming this issue, 1981–1981
2 sentences

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State , 373 So.2d 1221 , 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala. 1979), the defendant's conviction is still due to be affirmed on this ground. "(C)riminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property." Thomas v. State , 389 So.2d 552 , 554 (Ala.Cr.App. 1980); White v. State , 3

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State, 373 So.2d 1221, 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala.1979), the defendant’s conviction is still due to be affirmed on this ground. “(Criminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property.” Thomas v. State, 389 So.2d 552, 554 (Ala.Cr.App.1980); White v. State, 383 So.2d

12

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 (11)

CaseCitedYears
Graham v. State green
alacrimapp · 1980
2 sentences

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State , 373 So.2d 1221 , 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala. 1979), the defendant's conviction is still due to be affirmed on this ground. "(C)riminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property." Thomas v. State , 389 So.2d 552 , 554 (Ala.Cr.App. 1980); White v. State , 3

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State, 373 So.2d 1221, 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala.1979), the defendant’s conviction is still due to be affirmed on this ground. “(Criminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property.” Thomas v. State, 389 So.2d 552, 554 (Ala.Cr.App.1980); White v. State, 383 So.2d

21981–1981
Ex Parte Price green
ala · 1980
2 sentences

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State , 373 So.2d 1221 , 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala. 1979), the defendant's conviction is still due to be affirmed on this ground. "(C)riminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property." Thomas v. State , 389 So.2d 552 , 554 (Ala.Cr.App. 1980); White v. State , 3

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State, 373 So.2d 1221, 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala.1979), the defendant’s conviction is still due to be affirmed on this ground. “(Criminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property.” Thomas v. State, 389 So.2d 552, 554 (Ala.Cr.App.1980); White v. State, 383 So.2d

21981–1981
Mefford v. State green
alacrimapp · 1978
2 sentences

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State , 373 So.2d 1221 , 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala. 1979), the defendant's conviction is still due to be affirmed on this ground. "(C)riminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property." Thomas v. State , 389 So.2d 552 , 554 (Ala.Cr.App. 1980); White v. State , 3

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State, 373 So.2d 1221, 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala.1979), the defendant’s conviction is still due to be affirmed on this ground. “(Criminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property.” Thomas v. State, 389 So.2d 552, 554 (Ala.Cr.App.1980); White v. State, 383 So.2d

21981–1981
Ex Parte Jones green
ala · 1979
2 sentences

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State , 373 So.2d 1221 , 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala. 1979), the defendant's conviction is still due to be affirmed on this ground. "(C)riminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property." Thomas v. State , 389 So.2d 552 , 554 (Ala.Cr.App. 1980); White v. State , 3

1981Even if we hold the comments made by defense counsel during the hearing of the motion for new trial sufficient to have properly and timely raised this issue in the trial court, Jones v. State, 373 So.2d 1221, 1225 (Ala.Cr.App.), cert. denied, 373 So.2d 1225 (Ala.1979), the defendant’s conviction is still due to be affirmed on this ground. “(Criminal liability for receiving or concealing stolen property may attach where one was present but did not participate in the actual taking and carrying away of the property.” Thomas v. State, 389 So.2d 552, 554 (Ala.Cr.App.1980); White v. State, 383 So.2d

21981–1981
Washington v. State green
ala · 1953
1 sentence

2001Recently, this Court, in Stephens [v. State], 580 So.2d 11 (Ala.Crim.App. 1990), aff'd, 580 So.2d 26 (Ala.1991)[,] stated the following regarding prosecutor's statements and arguments: "`"... `[I]t must be examined in its context and in light of what had transpired, that is, in light of preceding argument of defense counsel, to which the prosecutor's argument was an answer.' Washington v. State, 259 Ala. 104 , 65 So.2d 704 (1953); Gibson v. State, 347 So.2d 576 (Ala.Crim.App. 1977); Rutledge v. State, [ 482 So.2d 1250 ] (Ala.Crim.App.1983).

12001–2001
Stephens v. State green
ala · 1991
1 sentence

2001Recently, this Court, in Stephens [v. State], 580 So.2d 11 (Ala.Crim.App. 1990), aff'd, 580 So.2d 26 (Ala.1991)[,] stated the following regarding prosecutor's statements and arguments: "`"... `[I]t must be examined in its context and in light of what had transpired, that is, in light of preceding argument of defense counsel, to which the prosecutor's argument was an answer.' Washington v. State, 259 Ala. 104 , 65 So.2d 704 (1953); Gibson v. State, 347 So.2d 576 (Ala.Crim.App. 1977); Rutledge v. State, [ 482 So.2d 1250 ] (Ala.Crim.App.1983).

12001–2001
Stephens v. State green
alacrimapp · 1990
1 sentence

2001Recently, this Court, in Stephens [v. State], 580 So.2d 11 (Ala.Crim.App. 1990), aff'd, 580 So.2d 26 (Ala.1991)[,] stated the following regarding prosecutor's statements and arguments: "`"... `[I]t must be examined in its context and in light of what had transpired, that is, in light of preceding argument of defense counsel, to which the prosecutor's argument was an answer.' Washington v. State, 259 Ala. 104 , 65 So.2d 704 (1953); Gibson v. State, 347 So.2d 576 (Ala.Crim.App. 1977); Rutledge v. State, [ 482 So.2d 1250 ] (Ala.Crim.App.1983).

12001–2001
Rutledge v. State green
alacrimapp · 1983
1 sentence

2001Recently, this Court, in Stephens [v. State], 580 So.2d 11 (Ala.Crim.App. 1990), aff'd, 580 So.2d 26 (Ala.1991)[,] stated the following regarding prosecutor's statements and arguments: "`"... `[I]t must be examined in its context and in light of what had transpired, that is, in light of preceding argument of defense counsel, to which the prosecutor's argument was an answer.' Washington v. State, 259 Ala. 104 , 65 So.2d 704 (1953); Gibson v. State, 347 So.2d 576 (Ala.Crim.App. 1977); Rutledge v. State, [ 482 So.2d 1250 ] (Ala.Crim.App.1983).

12001–2001
Gibson v. State green
alacrimapp · 1977
1 sentence

2001Recently, this Court, in Stephens [v. State], 580 So.2d 11 (Ala.Crim.App. 1990), aff'd, 580 So.2d 26 (Ala.1991)[,] stated the following regarding prosecutor's statements and arguments: "`"... `[I]t must be examined in its context and in light of what had transpired, that is, in light of preceding argument of defense counsel, to which the prosecutor's argument was an answer.' Washington v. State, 259 Ala. 104 , 65 So.2d 704 (1953); Gibson v. State, 347 So.2d 576 (Ala.Crim.App. 1977); Rutledge v. State, [ 482 So.2d 1250 ] (Ala.Crim.App.1983).

12001–2001
Washington v. State neutral
ala · 1953
1 sentence

2001Recently, this Court, in Stephens [v. State], 580 So.2d 11 (Ala.Crim.App. 1990), aff'd, 580 So.2d 26 (Ala.1991)[,] stated the following regarding prosecutor's statements and arguments: "`"... `[I]t must be examined in its context and in light of what had transpired, that is, in light of preceding argument of defense counsel, to which the prosecutor's argument was an answer.' Washington v. State, 259 Ala. 104 , 65 So.2d 704 (1953); Gibson v. State, 347 So.2d 576 (Ala.Crim.App. 1977); Rutledge v. State, [ 482 So.2d 1250 ] (Ala.Crim.App.1983).

12001–2001
Chatom v. State green
alacrimapp · 1993
1 sentence

1994In Chatom v. State , 619 So.2d 222 , 224-25 (Ala.Cr.App. 1993), this court held: " 'When the door is opened by defense counsel's argument, it swings wide, and a number of areas barred to prosecutorial comment will suddenly be subject to reply.' Davis v. State , 494 So.2d 851 , 855 (Ala.Cr.App. 1986).

11994–1994

Where else courts name it

NY 15 (1984–2024) FL 6 (1988–2015) AL 6 (1981–2001) IL 5 (1986–2021) MI 2 (1995–2003) NJ 2 (2006–2021)

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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