reviewed instruction (Alabama) · Go Syfert
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reviewed instruction in Alabama

6 Alabama opinions name it 2 courts 1991–2023 1 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 (3)

CaseFollowedCited
Earhart v. Stategreen
alacrimapp · 1991 · cited in 2 Alabama opinions naming this issue, 1991–1991
2 sentences

1991Recently this court reviewed an instruction which contained the phrase “actual and substantial doubt.” As this court stated, “The mere use of some terminology which happened to also appear in Cage , does not necessarily constitute reversible error.” Earhart v. State, 593 So.2d 119, 120 (Ala.Cr.App.1991); Williams v. State, 601 So.2d 1062 (Ala.Cr.App.1991); Adams v. State, 587 So.2d 1265 (Ala.Cr.App.1991).

1991Recently this court reviewed an instruction which contained the phrase "actual and substantial doubt." As this court stated, "The mere use of some terminology which happened to also appear in Cage , does not necessarily constitute reversible error." Earhart v. State , 593 So.2d 119 , 120 (Ala.Cr.App. 1991); Williams v. State , 601 So.2d 1062 (Ala.Cr.App. 1991); Adams v. State , 587 So.2d 1265 (Ala.Cr.App. 1991).

12
Brownfield v. Stategreen
alacrimapp · 2017 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023See Brownfield v. State, 266 So. 3d 777 , 795 n.8 (Ala. Crim.

11
Knight v. Stategreen
alacrimapp · 1995 · cited in 1 Alabama opinions naming this issue, 2001–2001
2 sentences

2001In Knight v. State , 675 So.2d 487 (Ala.Crim.App. 1995), this Court reviewed the factors applied by a trial court to aid it in determining probable prejudice: "`"Although the factors upon which the trial court's determination of prejudice is made must necessarily vary from case to case, some of the factors which other courts have considered pertinent are: [1] temporal remoteness of the matter inquired about, [2] the ambiguity of the question propounded, [3] the prospective juror's inadvertence or willfulness in falsifying or failing to answer, [4] the failure of the juror to recollect, and [5]

2001In Knight v. State , 675 So.2d 487 (Ala.Crim.App. 1995), this Court reviewed the factors applied by a trial court to aid it in determining probable prejudice: "`"Although the factors upon which the trial court's determination of prejudice is made must necessarily vary from case to case, some of the factors which other courts have considered pertinent are: [1] temporal remoteness of the matter inquired about, [2] the ambiguity of the question propounded, [3] the prospective juror's inadvertence or willfulness in falsifying or failing to answer, [4] the failure of the juror to recollect, and [5]

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 (6)

CaseCitedYears
Williams v. State green
alacrimapp · 1992
2 sentences

1991Recently this court reviewed an instruction which contained the phrase “actual and substantial doubt.” As this court stated, “The mere use of some terminology which happened to also appear in Cage , does not necessarily constitute reversible error.” Earhart v. State, 593 So.2d 119, 120 (Ala.Cr.App.1991); Williams v. State, 601 So.2d 1062 (Ala.Cr.App.1991); Adams v. State, 587 So.2d 1265 (Ala.Cr.App.1991).

1991Recently this court reviewed an instruction which contained the phrase "actual and substantial doubt." As this court stated, "The mere use of some terminology which happened to also appear in Cage , does not necessarily constitute reversible error." Earhart v. State , 593 So.2d 119 , 120 (Ala.Cr.App. 1991); Williams v. State , 601 So.2d 1062 (Ala.Cr.App. 1991); Adams v. State , 587 So.2d 1265 (Ala.Cr.App. 1991).

21991–1991
Ex Parte White green
ala · 1991
2 sentences

1991Ex parte White, 587 So.2d 1236 (Ala.1991).

1991Ex parte White , 587 So.2d 1236 (Ala. 1991).

21991–1991
Adams v. State green
alacrimapp · 1991
2 sentences

1991Recently this court reviewed an instruction which contained the phrase “actual and substantial doubt.” As this court stated, “The mere use of some terminology which happened to also appear in Cage , does not necessarily constitute reversible error.” Earhart v. State, 593 So.2d 119, 120 (Ala.Cr.App.1991); Williams v. State, 601 So.2d 1062 (Ala.Cr.App.1991); Adams v. State, 587 So.2d 1265 (Ala.Cr.App.1991).

1991Recently this court reviewed an instruction which contained the phrase "actual and substantial doubt." As this court stated, "The mere use of some terminology which happened to also appear in Cage , does not necessarily constitute reversible error." Earhart v. State , 593 So.2d 119 , 120 (Ala.Cr.App. 1991); Williams v. State , 601 So.2d 1062 (Ala.Cr.App. 1991); Adams v. State , 587 So.2d 1265 (Ala.Cr.App. 1991).

21991–1991
Green Oil Co. v. Hornsby green
ala · 1989
1 sentence

1992In its order denying the defendants' post-trial motions, the trial court reviewed the factors set forth in Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986), and Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989), and explained its reasons for giving the American Heart Association one-half of the punitive damages award.

11992–1992
Hammond v. City of Gadsden green
ala · 1986
1 sentence

1992In its order denying the defendants' post-trial motions, the trial court reviewed the factors set forth in Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986), and Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989), and explained its reasons for giving the American Heart Association one-half of the punitive damages award.

11992–1992
Ex Parte Bankhead green
ala · 1991
1 sentence

1991However, after this argument was asserted, our supreme court issued Ex parte Bankhead , 585 So.2d 112 (Ala. 1991), wherein the court reviewed the challenge asserted in a capital case by a white defendant, for the first time on appeal, of the prosecutor's use of strikes to strike 8 of the 10 black venirepersons, leaving 2 blacks to serve on Bankhead's jury.

11991–1991

Where else courts name it

CA 26 (1970–2026) OH 20 (1983–2022) PA 20 (1944–2025) LA 13 (1983–2012) MS 13 (1984–2025) WA 11 (1911–2024) MI 10 (1968–2024) NJ 9 (1992–2018) IL 8 (1975–2025) TX 8 (1978–2015) CT 8 (1991–2021) KS 7 (1981–2012) IN 6 (1983–2017) MO 6 (1979–2019) AL 6 (1991–2023) NY 5 (1978–2020) ID 5 (1982–2022) MD 5 (1991–2019) DC 4 (1980–1994) NC 4 (2001–2017) WI 4 (1991–2026) MT 3 (1996–2002) OK 3 (1976–2015) FL 3 (1979–2011) NM 3 (2002–2016) TN 3 (1986–2016) MA 2 (1975–2025) UT 2 (1983–2011) CO 2 (1989–1996) AZ 2 (2014–2024) NE 2 (1886–1985)

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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