Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Alabama opinions name it 2 courts 1988–1997 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 |
|---|---|---|
State v. Friedkingreen2 sentences1988(Citations omitted.) The holding of the Court of Criminal Appeals is consistent with the principles of law set out in this Court’s case of State v. Friedkin, 244 Ala. 494, 497 , 14 So.2d 363, 365 (1943), which involved the question of whether a court could take judicial notice of the rules and regulations of the State Board of Health. 1988(Citations omitted.) The holding of the Court of Criminal Appeals is consistent with the principles of law set out in this Court’s case of State v. Friedkin, 244 Ala. 494, 497 , 14 So.2d 363, 365 (1943), which involved the question of whether a court could take judicial notice of the rules and regulations of the State Board of Health. | 1 | 2 |
United States v. Kent Dewater, United States of America v. Robert F. McKenney Jr.green1 sentence1997See United States v. DeWater , 846 F.2d 528 (9th Cir. 1988) (in a DUI case, the intoxilyzer test results were admissible under the public records and reports exception to the hearsay rule). | 1 | 1 |
Hays v. City of Jacksonvillegreen1 sentence1989See Buchanan v. City of Auburn , 512 So.2d 145 , 146 (Ala.Cr.App. 1987), overruled on other grounds, Hays v. City of Jacksonville , 518 So.2d 892 (Ala.Cr.App. 1987). | 1 | 1 |
Buchanan v. City of Auburngreen1 sentence1989See Buchanan v. City of Auburn , 512 So.2d 145 , 146 (Ala.Cr.App. 1987), overruled on other grounds, Hays v. City of Jacksonville , 518 So.2d 892 (Ala.Cr.App. 1987). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vizzina v. City of Birmingham
green
2 sentences1988U * * * “We therefore hold that Officer Summers’s testimony that he followed the procedure outlined by the Board of Health in conducting the Intoxilyzer test, together with our judicial notice of the pertinent Board of Health regulations, established the second prong of the Bush predicate notwithstanding the failure to authenticate the Board of Health regulations by a proper certification.” Vizzina v. City of Birmingham, 533 So.2d at 656-57 . 1988U * * * “We therefore hold that Officer Summers’s testimony that he followed the procedure outlined by the Board of Health in conducting the Intoxilyzer test, together with our judicial notice of the pertinent Board of Health regulations, established the second prong of the Bush predicate notwithstanding the failure to authenticate the Board of Health regulations by a proper certification.” Vizzina v. City of Birmingham, 533 So.2d at 656-57 . | 2 | 1988–1988 |
Peoples v. State
green
1 sentence1990Although there was no direct testimony that the Intoxilyzer 5000 measures blood-alcohol content, this is a legitimate inference that the jury was entitled to draw from all of the testimony presented at trial. "[W]here there is a reasonable inference deducible from the evidence of the existence of the corpus delicti, the court should submit the question of sufficiency and weight of the evidence tending to support that inference for the jury's consideration." Taylor v. State , 249 Ala. 130 , 133 , 30 So.2d 256 , 258 (1947). *Page 558 Here, the jury was not "left in a state of confusion by the wi | 1 | 1990–1990 |
Brady v. Maryland
green
2 sentences1990Further, the appellant claims that based on Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), he was entitled to the report of the Intoxilyzer test, which was admitted into evidence. 1990Further, the appellant claims that based on Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), he was entitled to the report of the Intoxilyzer test, which was admitted into evidence. | 1 | 1990–1990 |
Taylor v. State
green
2 sentences1990Although there was no direct testimony that the Intoxilyzer 5000 measures blood-alcohol content, this is a legitimate inference that the jury was entitled to draw from all of the testimony presented at trial. "[W]here there is a reasonable inference deducible from the evidence of the existence of the corpus delicti, the court should submit the question of sufficiency and weight of the evidence tending to support that inference for the jury's consideration." Taylor v. State , 249 Ala. 130 , 133 , 30 So.2d 256 , 258 (1947). *Page 558 Here, the jury was not "left in a state of confusion by the wi 1990Although there was no direct testimony that the Intoxilyzer 5000 measures blood-alcohol content, this is a legitimate inference that the jury was entitled to draw from all of the testimony presented at trial. "[W]here there is a reasonable inference deducible from the evidence of the existence of the corpus delicti, the court should submit the question of sufficiency and weight of the evidence tending to support that inference for the jury's consideration." Taylor v. State , 249 Ala. 130 , 133 , 30 So.2d 256 , 258 (1947). *Page 558 Here, the jury was not "left in a state of confusion by the wi | 1 | 1990–1990 |
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.