defendant meets the threshold test (Alabama) · Go Syfert
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defendant meets the threshold test in Alabama

6 Alabama opinions name it 1 courts 2006–2013 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 (1)

CaseFollowedCited
McKissack v. Stategreen
ala · 2005 · cited in 1 Alabama opinions naming this issue, 2010–2010
1 sentence

2010The Alabama Supreme Court has explained that: “Before a defendant is allowed to inspect a transcript of a State’s witness who testified before the grand jury[,] ... the defendant should at least and at a very minimum make some offer of proof (1) that the matters contained in the witness’ grand jury testimony were relevant to the subject matter of the prosecution; (2) and that there exists an inconsistency between grand jury testimony and trial testimony.” McKissack v. State, 926 So.2d 367, 370 (Ala.2005) (citations and quotations omitted).

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
Ex Parte Pate green
ala · 1981
2 sentences

2013As ; this Court stated in Millican v. State, 423 So.2d 268 (Ala.Crim.App.1982): “ ‘ “Before a defendant is allowed to inspect a transcript of a State’s witness who testified before the grand jury or before a trial judge should conduct an in camera inspection of such testimony, see Palermo [v. United States, 360 U.S. 343 (1959),] and Pate [v. State, 415 So.2d 1140 (Ala.1981) ], the defendant should at least and at a very minimum make some offer of proof (1) that the matters contained in the witness’ grand jury testimony were relevant to the subject matter of the prosecution; (2) and that there

2011As this Court stated in Millican v. State, 423 So.2d 268 (Ala.Crim.App.1982): “ ‘ “Before a defendant is allowed to inspect a transcript of a State’s witness who testified before the grand jury ... a trial judge should conduct an in camera inspection of such testimony, see Palermo [v. United States, 360 U.S. 343 , 79 S.Ct. 1217 , 3 L.Ed.2d 1287 (1959),] and Pate[v. State, 415 So.2d 1140 (Ala.1981) ], the defendant should at least and at a very minimum make some offer of proof (1) that the matters contained in the witness’ grand jury testimony were relevant to the subject matter of the prosecut

52006–2013
Palermo v. United States green
scotus · 1959
2 sentences

2013As ; this Court stated in Millican v. State, 423 So.2d 268 (Ala.Crim.App.1982): “ ‘ “Before a defendant is allowed to inspect a transcript of a State’s witness who testified before the grand jury or before a trial judge should conduct an in camera inspection of such testimony, see Palermo [v. United States, 360 U.S. 343 (1959),] and Pate [v. State, 415 So.2d 1140 (Ala.1981) ], the defendant should at least and at a very minimum make some offer of proof (1) that the matters contained in the witness’ grand jury testimony were relevant to the subject matter of the prosecution; (2) and that there

2011As this Court stated in Millican v. State, 423 So.2d 268 (Ala.Crim.App.1982): “ ‘ “Before a defendant is allowed to inspect a transcript of a State’s witness who testified before the grand jury ... a trial judge should conduct an in camera inspection of such testimony, see Palermo [v. United States, 360 U.S. 343 , 79 S.Ct. 1217 , 3 L.Ed.2d 1287 (1959),] and Pate[v. State, 415 So.2d 1140 (Ala.1981) ], the defendant should at least and at a very minimum make some offer of proof (1) that the matters contained in the witness’ grand jury testimony were relevant to the subject matter of the prosecut

52006–2013
Millican v. State green
alacrimapp · 1982
2 sentences

2013As ; this Court stated in Millican v. State, 423 So.2d 268 (Ala.Crim.App.1982): “ ‘ “Before a defendant is allowed to inspect a transcript of a State’s witness who testified before the grand jury or before a trial judge should conduct an in camera inspection of such testimony, see Palermo [v. United States, 360 U.S. 343 (1959),] and Pate [v. State, 415 So.2d 1140 (Ala.1981) ], the defendant should at least and at a very minimum make some offer of proof (1) that the matters contained in the witness’ grand jury testimony were relevant to the subject matter of the prosecution; (2) and that there

2011As this Court stated in Millican v. State, 423 So.2d 268 (Ala.Crim.App.1982): “ ‘ “Before a defendant is allowed to inspect a transcript of a State’s witness who testified before the grand jury ... a trial judge should conduct an in camera inspection of such testimony, see Palermo [v. United States, 360 U.S. 343 , 79 S.Ct. 1217 , 3 L.Ed.2d 1287 (1959),] and Pate[v. State, 415 So.2d 1140 (Ala.1981) ], the defendant should at least and at a very minimum make some offer of proof (1) that the matters contained in the witness’ grand jury testimony were relevant to the subject matter of the prosecut

52006–2013
Blackmon v. State green
alacrimapp · 2006
1 sentence

2010“However, a defendant may be allowed to inspect grand-jury proceedings if the defendant meets the threshold test of showing a ‘particularized need’ for breaching the secrecy of those proceedings.” Blackmon, 7 So.3d at 409 .

12010–2010

Statutes the citing opinions construe

AL § Ala. Code § 12-16-214 (6) AL § Ala. Code § 13A-5-40 (6) AL § Ala. Code § 13A-5-49 (6) AL § Ala. Code § 12-16-201 (5) AL § Ala. Code § 13A-5-53 (5) AL § Ala. Code § 12-3-16 (3) AL § Ala. Code § 13A-5-45 (3) AL § Ala. Code § 13A-5-46 (3) AL § Ala. Code § 13A-5-47 (3) AL § Ala. Code § 13A-5-51 (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.

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