federal constitutional error in Alabama

2016To reiterate, “the conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation” unless “the selection was deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification.” Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501 , 7 L.Ed.2d 446 (1962).

2016To reiterate, “the conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation” unless “the selection was deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification.” Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501 , 7 L.Ed.2d 446 (1962).

2015In Ex parte Greathouse, 624 So.2d 208, 211 (Ala.1993), the Alabama Supreme Court held that an error may be harmless if “evidence of guilt is ‘virtually ironclad.’ ” (citations and quotation marks omitted). “ ‘When reviewing the erroneous admission of an involuntary confession, the appellate court, as it does with the admission of other forms of improperly admitted evidence, simply reviews the remainder of the evidence against the defendant to determine whether the admission of the confession was harmless beyond a reasonable doubt.’” Wiggins v. State, 193 So.3d 765, 785 (Ala.Crim.App.2014) (quo

1991In holding that the admission of an involuntary confession is subject to harmless error analysis, the Fulminante Court stated the following: "[T]he harmless-error doctrine is essential to preserve the 'principle that the central purpose of a criminal trial is to decide the factual question of the defendant's guilt or innocence, and promotes public respect for the criminal process by focusing on the underlying fairness of the trial rather than on the virtually inevitable presence of immaterial error.' " Id. at 1264 (quoting Delaware v. Van Arsdall , 475 U.S. 673 , 681 , 106 S.Ct. 1431 , 1436 ,

1989It must appear 'beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained,' id. at 24 , 87 S.Ct. at 828 , because if 'there is a reasonable possibility that the evidence complained of might have contributed to the conviction,' id. at 23 , 87 S.Ct. at 827 (quoting Fahy v. Connecticut , 375 U.S. 85 , 86-87 , 84 S.Ct. 229 , 230-231 , 11 L.Ed.2d 171 (1963)), then the error must be considered harmful." Neelley v. State , 494 So.2d 669 , 674 (Ala.Crim.App. 1985), affirmed, 494 So.2d 697 (Ala. 1986), cert. denied, 480 U.S. 926 , 107 S.Ct. 1389 , 94 L.Ed.2d 702

1989It must appear 'beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained,' id. at 24 , 87 S.Ct. at 828 , because if 'there is a reasonable possibility that the evidence complained of might have contributed to the conviction,' id. at 23 , 87 S.Ct. at 827 (quoting Fahy v. Connecticut , 375 U.S. 85 , 86-87 , 84 S.Ct. 229 , 230-231 , 11 L.Ed.2d 171 (1963)), then the error must be considered harmful." Neelley v. State , 494 So.2d 669 , 674 (Ala.Crim.App. 1985), affirmed, 494 So.2d 697 (Ala. 1986), cert. denied, 480 U.S. 926 , 107 S.Ct. 1389 , 94 L.Ed.2d 702

2016“In [Ex parte] Wilson, [ 571 So.2d 1251 (Ala.1990),] this Court, quoting Chapman [v. California], 386 U.S. [18] at 24, 87 S.Ct. [824] at 828 [ (1967) ], stated that ‘“before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” ’ 571 So.2d at 1264 .

2016“In [Ex parte] Wilson, [ 571 So.2d 1251 (Ala.1990),] this Court, quoting Chapman [v. California], 386 U.S. [18] at 24, 87 S.Ct. [824] at 828 [ (1967) ], stated that ‘“before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” ’ 571 So.2d at 1264 .

2007That standard “ ‘is the minimum-contacts standard elucidated in International Shoe [Co. v. Washington, 326 U.S. 310 , 66 S.Ct. 154 , 90 L.Ed. 95 (1945) ],’ ” and its progeny.

2007That standard “ ‘is the minimum-contacts standard elucidated in International Shoe [Co. v. Washington, 326 U.S. 310 , 66 S.Ct. 154 , 90 L.Ed. 95 (1945) ],’ ” and its progeny.

2001Our cases have indicated that, in the absence of exceptional circumstances, we would defer to state-court factual findings, even when those findings relate to a constitutional issue. " Hernandez, 500 U.S. at 366 , 111 S.Ct. 1859 (emphasis added).

2001Our cases have indicated that, in the absence of exceptional circumstances, we would defer to state-court factual findings, even when those findings relate to a constitutional issue. " Hernandez, 500 U.S. at 366 , 111 S.Ct. 1859 (emphasis added).

1999Ex parte Lowe, 514 So.2d 1049 (Ala.1987). ". . . . "`"Before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt."' Ex parte Greathouse, 624 So.2d 208 (Ala.1993), quoting Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 (1982[1967]).

1991In holding that the admission of an involuntary confession is subject to harmless error analysis, the Fulminante Court stated the following: "[T]he harmless-error doctrine is essential to preserve the 'principle that the central purpose of a criminal trial is to decide the factual question of the defendant's guilt or innocence, and promotes public respect for the criminal process by focusing on the underlying fairness of the trial rather than on the virtually inevitable presence of immaterial error.' " Id. at 1264 (quoting Delaware v. Van Arsdall , 475 U.S. 673 , 681 , 106 S.Ct. 1431 , 1436 ,

1991In holding that the admission of an involuntary confession is subject to harmless error analysis, the Fulminante Court stated the following: "[T]he harmless-error doctrine is essential to preserve the 'principle that the central purpose of a criminal trial is to decide the factual question of the defendant's guilt or innocence, and promotes public respect for the criminal process by focusing on the underlying fairness of the trial rather than on the virtually inevitable presence of immaterial error.' " Id. at 1264 (quoting Delaware v. Van Arsdall , 475 U.S. 673 , 681 , 106 S.Ct. 1431 , 1436 ,

1990The State attempts to use United States v. Blackwood , 768 F.2d 131 , 139 (7th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 569 , 88 L.Ed.2d 554 (1985), as support for its argument.

1990The State attempts to use United States v. Blackwood, 768 F.2d 131, 139 (7th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 569 , 88 L.Ed.2d 554 (1985), as support for its argument.

1990The State attempts to use United States v. Blackwood , 768 F.2d 131 , 139 (7th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 569 , 88 L.Ed.2d 554 (1985), as support for its argument.

1990The State attempts to use United States v. Blackwood, 768 F.2d 131, 139 (7th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 569 , 88 L.Ed.2d 554 (1985), as support for its argument.

1990The State attempts to use United States v. Blackwood , 768 F.2d 131 , 139 (7th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 569 , 88 L.Ed.2d 554 (1985), as support for its argument.

1990The State attempts to use United States v. Blackwood, 768 F.2d 131, 139 (7th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 569 , 88 L.Ed.2d 554 (1985), as support for its argument.

1989It must appear 'beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained,' id. at 24 , 87 S.Ct. at 828 , because if 'there is a reasonable possibility that the evidence complained of might have contributed to the conviction,' id. at 23 , 87 S.Ct. at 827 (quoting Fahy v. Connecticut , 375 U.S. 85 , 86-87 , 84 S.Ct. 229 , 230-231 , 11 L.Ed.2d 171 (1963)), then the error must be considered harmful." Neelley v. State , 494 So.2d 669 , 674 (Ala.Crim.App. 1985), affirmed, 494 So.2d 697 (Ala. 1986), cert. denied, 480 U.S. 926 , 107 S.Ct. 1389 , 94 L.Ed.2d 702

1989It must appear 'beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained,' id. at 24 , 87 S.Ct. at 828 , because if 'there is a reasonable possibility that the evidence complained of might have contributed to the conviction,' id. at 23 , 87 S.Ct. at 827 (quoting Fahy v. Connecticut , 375 U.S. 85 , 86-87 , 84 S.Ct. 229 , 230-231 , 11 L.Ed.2d 171 (1963)), then the error must be considered harmful." Neelley v. State , 494 So.2d 669 , 674 (Ala.Crim.App. 1985), affirmed, 494 So.2d 697 (Ala. 1986), cert. denied, 480 U.S. 926 , 107 S.Ct. 1389 , 94 L.Ed.2d 702

1989"Moreover, even improper exclusion of a defendant from a 'critical' portion of the trial does not automatically require reversal, if in the particular case the defendant's absence was harmless beyond a reasonable doubt." Polizzi v. United States , 550 F.2d 1133 , 1138 (9th Cir. 1976). " '[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless *Page 905 beyond a reasonable doubt.' Chapman v. California , 386 U.S. 18 , 24 , 87 S.Ct. 824 , 828 , 17 L.Ed.2d 705 (1967).

1989It must appear 'beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained,' id. at 24 , 87 S.Ct. at 828 , because if 'there is a reasonable possibility that the evidence complained of might have contributed to the conviction,' id. at 23 , 87 S.Ct. at 827 (quoting Fahy v. Connecticut , 375 U.S. 85 , 86-87 , 84 S.Ct. 229 , 230-231 , 11 L.Ed.2d 171 (1963)), then the error must be considered harmful." Neelley v. State , 494 So.2d 669 , 674 (Ala.Crim.App. 1985), affirmed, 494 So.2d 697 (Ala. 1986), cert. denied, 480 U.S. 926 , 107 S.Ct. 1389 , 94 L.Ed.2d 702

1989It must appear 'beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained,' id. at 24 , 87 S.Ct. at 828 , because if 'there is a reasonable possibility that the evidence complained of might have contributed to the conviction,' id. at 23 , 87 S.Ct. at 827 (quoting Fahy v. Connecticut , 375 U.S. 85 , 86-87 , 84 S.Ct. 229 , 230-231 , 11 L.Ed.2d 171 (1963)), then the error must be considered harmful." Neelley v. State , 494 So.2d 669 , 674 (Ala.Crim.App. 1985), affirmed, 494 So.2d 697 (Ala. 1986), cert. denied, 480 U.S. 926 , 107 S.Ct. 1389 , 94 L.Ed.2d 702

1989It must appear 'beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained,' id. at 24 , 87 S.Ct. at 828 , because if 'there is a reasonable possibility that the evidence complained of might have contributed to the conviction,' id. at 23 , 87 S.Ct. at 827 (quoting Fahy v. Connecticut , 375 U.S. 85 , 86-87 , 84 S.Ct. 229 , 230-231 , 11 L.Ed.2d 171 (1963)), then the error must be considered harmful." Neelley v. State , 494 So.2d 669 , 674 (Ala.Crim.App. 1985), affirmed, 494 So.2d 697 (Ala. 1986), cert. denied, 480 U.S. 926 , 107 S.Ct. 1389 , 94 L.Ed.2d 702

1975See Sanders v. Waters, 199 F.2d 317 (C.A. 10th Cir. 1952); Oregon v. Hicks, 213 Or. 619 , 325 P.2d 794 (1958). “[8] Moreover, the conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation.

1975See Sanders v. Waters, 199 F.2d 317 (C.A. 10th Cir. 1952); Oregon v. Hicks, 213 Or. 619 , 325 P.2d 794 (1958). “[8] Moreover, the conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation.