Duke claim (Alabama) · Go Syfert
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Duke claim in Alabama

6 Alabama opinions name it 2 courts 1987–2010 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 (6)

CaseFollowedCited
Ex Parte McNabbgreen
ala · 2004 · cited in 2 Alabama opinions naming this issue, 2009–2010
2 sentences

2010Nothing in Ring supports Duke’s claim the jury’s advisory verdict be unanimous.” Duke, 889 So.2d at 43 n. 4.’ “During the guilt phase of the trial, the jury unanimously found beyond a reasonable doubt that Newton committed a murder during the course of committing a robbery. ‘The jury’s unanimous finding of one aggravating circumstance is sufficient to satisfy Ring.’ Ex parte McNabb, 887 So.2d 998, 1006 (Ala.2004).

2009“The jury’s unanimous finding of one aggravating circumstance is sufficient to satisfy Ring.” Ex parte McNabb, 887 So.2d 998, 1006 (Ala.2004).

22
Watkins v. Stategreen
alacrimapp · 1978 · cited in 2 Alabama opinions naming this issue, 2002–2004
2 sentences

2004Contrary to Duke's claim, we find no indication that the circuit court's denial of youthful-offender status was based "`solely and only upon a consideration of the nature of the crime charged.'" Grier v. State, 589 So.2d 792, 794 (Ala.Crim.App.1991) (quoting Watkins v. State, 357 So.2d 156, 160 (Ala.Crim.App.1977)).

2002Contrary to Duke’s claim, we find no indication that the circuit court’s denial of youthful-offender status was based “ ‘solely and only upon a consideration of the nature of the crime charged.’ ” Grier v. State, 589 So.2d 792, 794 (Ala.Crim.App.1991) (quoting Watkins v. State, 357 So.2d 156, 160 (Ala.Crim.App.1977)).

22
Grier v. Stategreen
alacrimapp · 1991 · cited in 2 Alabama opinions naming this issue, 2002–2004
2 sentences

2004Contrary to Duke's claim, we find no indication that the circuit court's denial of youthful-offender status was based "`solely and only upon a consideration of the nature of the crime charged.'" Grier v. State, 589 So.2d 792, 794 (Ala.Crim.App.1991) (quoting Watkins v. State, 357 So.2d 156, 160 (Ala.Crim.App.1977)).

2002Contrary to Duke’s claim, we find no indication that the circuit court’s denial of youthful-offender status was based “ ‘solely and only upon a consideration of the nature of the crime charged.’ ” Grier v. State, 589 So.2d 792, 794 (Ala.Crim.App.1991) (quoting Watkins v. State, 357 So.2d 156, 160 (Ala.Crim.App.1977)).

22
Perryman v. Stategreen
alacrimapp · 1989 · cited in 2 Alabama opinions naming this issue, 2002–2004
2 sentences

2004As we have stated: "`[E]ven though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge's refusal to grant a motion to strike for cause is not error.'" George v. State, 717 So.2d 827, 834 (Ala.Crim.App.), rev'd on other grounds, 717 So.2d 844 (Ala.1996) (quoting Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989)).

2002As we have stated: “ ‘[E]ven though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge’s refusal to grant a motion to strike for cause is not error.’ ” George v. State, 717 So.2d 827, 834 (Ala.Crim.App.), rev’d on other grounds, 717 So.2d 844 (Ala.1996) (quoting Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989)).

22
George v. Stategreen
alacrimapp · 1996 · cited in 2 Alabama opinions naming this issue, 2002–2004
2 sentences

2004As we have stated: "`[E]ven though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge's refusal to grant a motion to strike for cause is not error.'" George v. State, 717 So.2d 827, 834 (Ala.Crim.App.), rev'd on other grounds, 717 So.2d 844 (Ala.1996) (quoting Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989)).

2002As we have stated: “ ‘[E]ven though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge’s refusal to grant a motion to strike for cause is not error.’ ” George v. State, 717 So.2d 827, 834 (Ala.Crim.App.), rev’d on other grounds, 717 So.2d 844 (Ala.1996) (quoting Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989)).

22
Berkel & Co. Contractors v. Providence Hosp.green
ala · 1984 · cited in 1 Alabama opinions naming this issue, 1987–1987
2 sentences

1987"This Court held in Berkel Company Contractors, Inc. v. Providence Hospital , 454 So.2d 496 , 505 (Ala. 1984), on a claim for suppression of a material fact in violation of ALA.

1987"This Court held in Berkel & Company Contractors, Inc. v. Providence Hospital, 454 So.2d 496, 505 (Ala.1984), on a claim for suppression of a material fact in violation of ALA.

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 (7)

CaseCitedYears
Duke v. State green
alacrimapp · 2004
2 sentences

2010Nothing in Ring supports Duke’s claim the jury’s advisory verdict be unanimous.” Duke, 889 So.2d at 43 n. 4.’ “During the guilt phase of the trial, the jury unanimously found beyond a reasonable doubt that Newton committed a murder during the course of committing a robbery. ‘The jury’s unanimous finding of one aggravating circumstance is sufficient to satisfy Ring.’ Ex parte McNabb, 887 So.2d 998, 1006 (Ala.2004).

2006Nothing in Ring supports Duke’s claim the jury’s advisory verdict be unanimous.” Duke, 889 So.2d at 43 n. 4.

22006–2010
Ex Parte Guthrie green
ala · 1997
2 sentences

2004In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie's case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

2002In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie’s case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

22002–2004
Guthrie v. State green
alacrimapp · 1996
2 sentences

2004In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie's case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

2002In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie’s case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

22002–2004
Guthrie v. State green
alacrimapp · 1993
2 sentences

2004In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie's case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

2002In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie’s case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

22002–2004
George v. State green
ala · 1996
2 sentences

2004As we have stated: "`[E]ven though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge's refusal to grant a motion to strike for cause is not error.'" George v. State, 717 So.2d 827, 834 (Ala.Crim.App.), rev'd on other grounds, 717 So.2d 844 (Ala.1996) (quoting Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989)).

2002As we have stated: “ ‘[E]ven though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge’s refusal to grant a motion to strike for cause is not error.’ ” George v. State, 717 So.2d 827, 834 (Ala.Crim.App.), rev’d on other grounds, 717 So.2d 844 (Ala.1996) (quoting Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989)).

22002–2004
Traicoff v. Washington green
scotus · 1997
2 sentences

2004In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie's case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

2002In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie’s case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

22002–2004
Duckett v. Godinez green
scotus · 1997
2 sentences

2004In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie's case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

2002In Guthrie v. State, 616 So.2d 914 (Ala.Crim.App.1993), opinion after remand, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), this Court held improper a remark by the prosecutor to the effect that all law-enforcement officials had agreed from the very beginning that Guthrie’s case was a death-penalty case because the remark implied that the decision to impose the death sentence had already been made.

22002–2004

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (5) AL § Ala. Code § 13A-5-46 (5) AL § Ala. Code § 13A-5-49 (5) AL § Ala. Code § 13A-5-53 (5) AL § Ala. Code § 13A-5-47 (3) AL § Ala. Code § 13A-5-51 (3) AL § Ala. Code § 13A-5-52 (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

CA 6 (2000–2023) AL 6 (1987–2010) TX 5 (1948–2025) UT 3 (2018–2025) GA 3 (2009–2021) OH 3 (2013–2017) NC 2 (1989–2020) WY 2 (2019–2019) IL 2 (2019–2019)

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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