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6 Alabama opinions name it 3 courts 1988–2013 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.
| Case | Followed | Cited |
|---|---|---|
Ex Parte Beasleygreen2 sentences2003I feel inspired, indeed compelled, to do so because of Justice Maddox's special concurrence in Ex parte Beasley, 564 So.2d 950, 958 (1990), one of the very cases cited as authority in the main opinion, in which he explained why he was writing as follows: "[B]ecause dictum sometimes has a habit of growing full-blown into precedent, I felt compelled to express my views on the matter, in the hope that the rule of law will be corrected before it becomes entrenched." [2] I will return to the merits of Justice Maddox's writing later in this dissent. 2003I feel inspired, indeed compelled, to do so because of Justice Maddox’s special concurrence in Ex parte Beasley, 564 So.2d 950, 958 (1990), one of the very cases cited as authority in the main opinion, in which he explained why he was writing as follows: “[B]ecause dictum sometimes has a habit of growing full-blown into precedent, I felt compelled to express my views on the matter, in the hope that the rule of law will be corrected before it becomes entrenched.” 2 I will return to the merits of Justice Maddox’s writing later in this dissent. | 2 | 2 |
D.M.C. Enterprises, Inc. v. Hopegreen1 sentence2013Enters., Inc. v. Hope, 100 So.3d 1102, 1108 (Ala.Civ.App.2012) (noting that “[t]he trial court’s one-sentence order granting Hope’s motion [for injunctive relief] does not contain any of the required information”). | 1 | 1 |
Rebel Oil Co. v. Pikegreen1 sentence2012However, because the nomenclature of a motion is not controlling, Sundance Marina, Inc. v. Reach, 567 So.2d 1322, 1325 (Ala.1990), “[t]he label one places on a motion is of little importance.” Rebel Oil Co. v. Pike, 473 So.2d 529, 531 (Ala.Civ.App.1985). | 1 | 1 |
Appalachian Transp. Group, Inc. v. Parksgreen1 sentence2012Group, Inc. v. Parks, 738 So.2d 878, 882 (Ala.1999) (quoting Teleprompter of Mobile, Inc. v. Bayou Cable TV, 428 So.2d 17, 19 (Ala.1983)). | 1 | 1 |
Jones v. Central Bank of the Southgreen1 sentence2012According to our supreme court, “Rule 64(b) sets forth the procedure for pre-judgment seizure when the action is for the recovery or possession of specific personal property, as when the action is for detinue.” Jones v. Central Bank of the S., 466 So.2d 932, 933 (Ala.1985). 2 As D.M.C. correctly points out, Hope’s motion failed to meet the requirements set out in Rule 64(b). | 1 | 1 |
Teleprompter of Mobile, Inc. v. Bayou Cable TVgreen1 sentence2012Group, Inc. v. Parks, 738 So.2d 878, 882 (Ala.1999) (quoting Teleprompter of Mobile, Inc. v. Bayou Cable TV, 428 So.2d 17, 19 (Ala.1983)). | 1 | 1 |
Sundance Marina, Inc. v. Reachgreen1 sentence2012However, because the nomenclature of a motion is not controlling, Sundance Marina, Inc. v. Reach, 567 So.2d 1322, 1325 (Ala.1990), “[t]he label one places on a motion is of little importance.” Rebel Oil Co. v. Pike, 473 So.2d 529, 531 (Ala.Civ.App.1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Brooks
green
1 sentence1990Because this case does not involve a factual situation in which the State or a nonparent is the petitioner, all that is stated in the majority opinion regarding the burden of proof is dictum, but because dictum sometimes has a habit of growing full-blown into precedent, I felt compelled to express my views on the matter, in the hope that the rule of law will be corrected before it becomes entrenched. [7] *959 I concur completely in the result reached, and naturally concur that Ex parte Brooks, 513 So.2d 614 (Ala.1987), must be modified. | 1 | 1990–1990 |
Sandra Lockett v. Dorothy Arn
green
1 sentence1988Hope's defense was, and is, that he did not cut the victim, but that someone else did. "[T]he mere failure to object to evidence and to jury instructions does not render counsel ineffective." Lockett v. Arn , 740 F.2d 407 , 412 (6th Cir. 1984), cert. denied, Lockett v. Arn , ___ U.S. ___, 106 S.Ct. 3332 , 92 L.Ed. 2d 738 (1986). | 1 | 1988–1988 |
Lockett v. Arn
green
2 sentences1988Hope's defense was, and is, that he did not cut the victim, but that someone else did. "[T]he mere failure to object to evidence and to jury instructions does not render counsel ineffective." Lockett v. Arn , 740 F.2d 407 , 412 (6th Cir. 1984), cert. denied, Lockett v. Arn , ___ U.S. ___, 106 S.Ct. 3332 , 92 L.Ed. 2d 738 (1986). 1988Hope's defense was, and is, that he did not cut the victim, but that someone else did. "[T]he mere failure to object to evidence and to jury instructions does not render counsel ineffective." Lockett v. Arn , 740 F.2d 407 , 412 (6th Cir. 1984), cert. denied, Lockett v. Arn , ___ U.S. ___, 106 S.Ct. 3332 , 92 L.Ed. 2d 738 (1986). | 1 | 1988–1988 |
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.
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.