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6 Alabama opinions name it 1 courts 1984–2004 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 Ciervo.green2 sentences2004Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the Court in the exercise of sound discretion." Gaffney v. State, 342 So.2d 403, 404 (Ala.Crim.App.1976). 1998Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the Court in the exercise of sound discretion. . . . [The trial court's] ruling and determination [on this matter] will not be disturbed in the absence of a showing of abuse of discretion.'" Davis v. State, 457 So.2d 992 , 995 (Ala.Cr.App. 1984), quoting Gaffney v State, 342 So.2d 403 , 404 (Ala.Cr.App. 1976). | 1 | 5 |
Hand v. Stategreen1 sentence1991This court, in Hand v. State, 472 So.2d 671, 674 (Ala.Cr.App.), rev’d on other grounds, 472 So.2d 675 (Ala.1985), held: “ ‘The prejudicial effect of communications between jurors and others, especially in a criminal case, determines the reversible character of the error. | 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 Gaffney
green
2 sentences1991Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the Court in the exercise of sound discretion." Gaffney v. State , 342 So.2d 403 , 404 (Ala.Crim.App. 1976), cert. denied , 342 So.2d 404 (Ala. 1977). "[D]ue process does not require a new trial every time a juror has been placed in a potentially compromising situation. 1991Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the court in the exercise of sound discretion.’ Gaffney v. State, 342 So.2d 403 (Ala.Cr.App.1976), cert. denied, 342 So.2d 404 (Ala.1977); Graham v. State, 339 So.2d 110 (Ala.Cr.App.), cert. denied, 339 So.2d 114 (Ala.1976); Simms v. State, 56 Ala.App. 156 , 320 So.2d 89 (1975). | 3 | 1984–1991 |
Simms v. State
green
2 sentences1991Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the court in the exercise of sound discretion.’ Gaffney v. State, 342 So.2d 403 (Ala.Cr.App.1976), cert. denied, 342 So.2d 404 (Ala.1977); Graham v. State, 339 So.2d 110 (Ala.Cr.App.), cert. denied, 339 So.2d 114 (Ala.1976); Simms v. State, 56 Ala.App. 156 , 320 So.2d 89 (1975). 1991Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the court in the exercise of sound discretion.’ Gaffney v. State, 342 So.2d 403 (Ala.Cr.App.1976), cert. denied, 342 So.2d 404 (Ala.1977); Graham v. State, 339 So.2d 110 (Ala.Cr.App.), cert. denied, 339 So.2d 114 (Ala.1976); Simms v. State, 56 Ala.App. 156 , 320 So.2d 89 (1975). | 2 | 1984–1991 |
Graham v. State
green
2 sentences1991Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the court in the exercise of sound discretion.’ Gaffney v. State, 342 So.2d 403 (Ala.Cr.App.1976), cert. denied, 342 So.2d 404 (Ala.1977); Graham v. State, 339 So.2d 110 (Ala.Cr.App.), cert. denied, 339 So.2d 114 (Ala.1976); Simms v. State, 56 Ala.App. 156 , 320 So.2d 89 (1975). 1984Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the court in the exercise of sound discretion." Gaffney v. State , 342 So.2d 403 (Ala.Cr.App. 1976), cert. denied, 342 So.2d 404 (Ala. 1977); Graham v. State , 339 So.2d 110 (Ala.Cr.App.), cert. denied, 339 So.2d 114 (Ala. 1976); Simms v. State , 56 Ala. App. 156 , 320 So.2d 89 (1975). | 2 | 1984–1991 |
Graham v. State
neutral
2 sentences1991Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the court in the exercise of sound discretion.’ Gaffney v. State, 342 So.2d 403 (Ala.Cr.App.1976), cert. denied, 342 So.2d 404 (Ala.1977); Graham v. State, 339 So.2d 110 (Ala.Cr.App.), cert. denied, 339 So.2d 114 (Ala.1976); Simms v. State, 56 Ala.App. 156 , 320 So.2d 89 (1975). 1984Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the court in the exercise of sound discretion." Gaffney v. State , 342 So.2d 403 (Ala.Cr.App. 1976), cert. denied, 342 So.2d 404 (Ala. 1977); Graham v. State , 339 So.2d 110 (Ala.Cr.App.), cert. denied, 339 So.2d 114 (Ala. 1976); Simms v. State , 56 Ala. App. 156 , 320 So.2d 89 (1975). | 2 | 1984–1991 |
Davis v. State
green
1 sentence1998Whether there has been a communication with the juror and whether it has caused prejudice are fact questions to be determined by the Court in the exercise of sound discretion. . . . [The trial court's] ruling and determination [on this matter] will not be disturbed in the absence of a showing of abuse of discretion.'" Davis v. State, 457 So.2d 992 , 995 (Ala.Cr.App. 1984), quoting Gaffney v State, 342 So.2d 403 , 404 (Ala.Cr.App. 1976). | 1 | 1998–1998 |
Ex Parte Hand
green
1 sentence1991This court, in Hand v. State, 472 So.2d 671, 674 (Ala.Cr.App.), rev’d on other grounds, 472 So.2d 675 (Ala.1985), held: “ ‘The prejudicial effect of communications between jurors and others, especially in a criminal case, determines the reversible character of the error. | 1 | 1991–1991 |
Hollins v. State
green
1 sentence1987Hollins v. State , 415 So.2d 1249 (Ala.Cr.App. 1982); Watson v. State , 389 So.2d 961 (Ala.Cr.App. 1980). " 'The prejudicial effect of communications between jurors and others, especially in a criminal case, determines the reversible character of the error. | 1 | 1987–1987 |
Watson v. State
green
1 sentence1987Hollins v. State , 415 So.2d 1249 (Ala.Cr.App. 1982); Watson v. State , 389 So.2d 961 (Ala.Cr.App. 1980). " 'The prejudicial effect of communications between jurors and others, especially in a criminal case, determines the reversible character of the error. | 1 | 1987–1987 |