record for plain error in Alabama

2024Last, "[o]n direct appeal we reviewed the record for plain error; however, the plain-error standard of review does not apply to a Rule 32 proceeding attacking a death sentence." Ferguson v. State, 13 So. 3d 418, 424 (Ala. Crim.

2018"On direct appeal we reviewed the record for plain error; however, the plain-error standard of review does not apply to a Rule 32 proceeding attacking a death sentence." Ferguson v. State , 13 So.3d 418 , 424 (Ala. Crim.

2007“Without any evidence in the record on appeal to support the allegation of error, this court cannot consider the alleged error even under the ‘plain error’ doctrine.” Kuenzel v. State, 577 So.2d 474, 482 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991). “ ‘ “ ‘Even though ... this Court [is] required to search the record for plain error in every case in which the death sentence has been imposed and to take the appropriate action when such error is found, ... this Court will [not] presume that reversible error occurred at trial when there is nothing in the record to so indicate ....’” “ ‘Id

2005App.2003): "`The defendant cannot successfully argue that error is plain in the record when there is no indication in the record that the act upon which error is predicated ever occurred.' Ex parte Watkins, 509 So.2d 1074, 1077 (Ala.1987). `Without any evidence in the record on appeal to support the allegation of error, this court cannot consider the alleged error even under the "plain error" doctrine.' Kuenzel v. State, 577 So.2d 474, 482 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991). "`"Even though ... this Court [is] required to search the record for plain error in every case in whic

2007“Without any evidence in the record on appeal to support the allegation of error, this court cannot consider the alleged error even under the ‘plain error’ doctrine.” Kuenzel v. State, 577 So.2d 474, 482 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991). “ ‘ “ ‘Even though ... this Court [is] required to search the record for plain error in every case in which the death sentence has been imposed and to take the appropriate action when such error is found, ... this Court will [not] presume that reversible error occurred at trial when there is nothing in the record to so indicate ....’” “ ‘Id

2005App.2003): "`The defendant cannot successfully argue that error is plain in the record when there is no indication in the record that the act upon which error is predicated ever occurred.' Ex parte Watkins, 509 So.2d 1074, 1077 (Ala.1987). `Without any evidence in the record on appeal to support the allegation of error, this court cannot consider the alleged error even under the "plain error" doctrine.' Kuenzel v. State, 577 So.2d 474, 482 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991). "`"Even though ... this Court [is] required to search the record for plain error in every case in whic

2016"It is well settled that 'the procedural bars of Rule 32 apply with equal force to all cases, including those in which the death penalty has been imposed.' " Nicks v. State , 783 So.2d 895 , 901 (Ala.Crim.App.1999) (quoting State v. Tarver , 629 So.2d 14 , 19 (Ala.Crim.App.1993) ).

2015Additionally, “[i]t is well settled- that ‘the procedural bars of Rule 32 apply with equal force to all cases, including those in which the death penalty has been imposed.’ ” Nicks v. State, 783 So.2d 895, 901 (Ala.Crim.App.1999) (quoting State v. Tarver, 629 So.2d 14,19 (Ala.Crim.App.1993)).

2016"It is well settled that 'the procedural bars of Rule 32 apply with equal force to all cases, including those in which the death penalty has been imposed.' " Nicks v. State , 783 So.2d 895 , 901 (Ala.Crim.App.1999) (quoting State v. Tarver , 629 So.2d 14 , 19 (Ala.Crim.App.1993) ).

2015Additionally, “[i]t is well settled- that ‘the procedural bars of Rule 32 apply with equal force to all cases, including those in which the death penalty has been imposed.’ ” Nicks v. State, 783 So.2d 895, 901 (Ala.Crim.App.1999) (quoting State v. Tarver, 629 So.2d 14,19 (Ala.Crim.App.1993)).

2026App. P., as amended effective January 12, 2023, provides: "In all cases in which the death penalty has been imposed, the Court of Criminal Appeals may, but shall not be obligated to, notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant." This Court will continue to review the entire record for plain error in all cases in which the death penalty has been imposed. " 'The

2025App. P., as amended effective January 12, 2023, provides: "In all cases in which the death penalty has been imposed, the Court of Criminal Appeals may, but shall not be obligated to, notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant." 7 CR-2023-0304 This Court will continue to review the entire record for plain error in all cases in which the death penalty has been i

2005Rule 45A, Ala.R.App.P., provides: "In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant." "Plain error" has been defined as error "`so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings.'" Ex parte Womack , 435 So.

2005Rule 45A, Ala.R.App.P., provides: ’ “In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.” “Plain error” has been defined as error “ ‘so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings.’ ” Ex parte Womack, 435

2016Therefore, “[t]he general rules of preservation apply to Rule 32 proceedings,” Boyd v. State, 913 So.2d 1113, 1123 (Ala.Crim.App.2003), and this Court “will not review issues not listed and argued in brief.” Brownlee v. State, 666 So.2d 91, 93 (Ala.Crim.App.1995).

2011Standard of Review “ ‘[W]hen the facts are undisputed and an appellate court is presented with pure questions of law, that court’s review in a Rule 32 proceeding is de novo.’ Ex parte White, 792 So.2d 1097, 1098 (Ala.2001). ‘However, where there are disputed facts in a postconviction proceeding and the circuit court resolves those disputed facts, “[t]he standard of review on appeal ... is whether the trial judge abused his discretion when he denied the petition.” ’ Boyd v. State, 913 So.2d 1113, 1122 (Ala. Crim.App.2003) (quoting Elliott v. State, 601 So.2d 1118, 1119 (Ala.Crim.App. 1992)). ‘O

2011Moreover, “there exists a long-standing and well-reasoned principle that we may affirm the denial of a Rule 32 petition if the denial is correct for any reason.” McNabb v. State, 991 So.2d 313, 333 (Ala.Crim.App.2007).

2011“Moreover, ‘there exists a long-standing and well-reasoned principle that we may affirm the denial of a Rule 32 petition if the denial is correct for any reason.’ McNabb v. State, 991 So.2d 313, 333 (Ala.Crim.App.2007).

2010See Hill v. State, 695 So.2d 1223 (Ala.Crim.App.1997).” Ferguson v. State, 13 So.3d 418, 424 (Ala.Crim.App.2008).

2008See Hill v. State, 695 So.2d 1223 (Ala.Crim.App.1997).

2005App.2003): "`The defendant cannot successfully argue that error is plain in the record when there is no indication in the record that the act upon which error is predicated ever occurred.' Ex parte Watkins, 509 So.2d 1074, 1077 (Ala.1987). `Without any evidence in the record on appeal to support the allegation of error, this court cannot consider the alleged error even under the "plain error" doctrine.' Kuenzel v. State, 577 So.2d 474, 482 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991). "`"Even though ... this Court [is] required to search the record for plain error in every case in whic

2001"Without any evidence in the record on appeal to support the allegation of error, this court cannot consider the alleged error even under the `plain error' doctrine of Rule 45A, [Ala.R.App.P.] `The defendant cannot successfully argue that error is plain in the record when there is no indication in the record that the act upon which error is predicated ever occurred.' Ex parte Watkins, 509 So.2d 1074, 1077 (Ala.), cert. denied, 484 U.S. 918 , 108 S.Ct. 269 , 98 L.Ed.2d 226 (1987). "`Even though ... this Court [is] required to search the record for plain error in every case in which the death se

2005Rule 45A, Ala.R.App.P., provides: "In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant." "Plain error" has been defined as error "`so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings.'" Ex parte Womack , 435 So.

2005Rule 45A, Ala.R.App.P., provides: ’ “In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.” “Plain error” has been defined as error “ ‘so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings.’ ” Ex parte Womack, 435

2007“Without any evidence in the record on appeal to support the allegation of error, this court cannot consider the alleged error even under the ‘plain error’ doctrine.” Kuenzel v. State, 577 So.2d 474, 482 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991). “ ‘ “ ‘Even though ... this Court [is] required to search the record for plain error in every case in which the death sentence has been imposed and to take the appropriate action when such error is found, ... this Court will [not] presume that reversible error occurred at trial when there is nothing in the record to so indicate ....’” “ ‘Id

2005App.2003): "`The defendant cannot successfully argue that error is plain in the record when there is no indication in the record that the act upon which error is predicated ever occurred.' Ex parte Watkins, 509 So.2d 1074, 1077 (Ala.1987). `Without any evidence in the record on appeal to support the allegation of error, this court cannot consider the alleged error even under the "plain error" doctrine.' Kuenzel v. State, 577 So.2d 474, 482 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991). "`"Even though ... this Court [is] required to search the record for plain error in every case in whic

1991“To constitute plain error the error must be so ‘egregious as to “seriously affect the fairness or integrity of the judicial proceedings.”’” Williams v. State, 601 So.2d 1062, 1074 (Ala.Cr.App.1991).

1991"To constitute plain error the error must be so 'egregious as to "seriously affect the fairness or integrity of the judicial proceedings." ' " Williams v. State , 601 So.2d 1062 , 1074 (Ala.Cr.App. 1991).

2016Therefore, “[t]he general rules of preservation apply to Rule 32 proceedings,” Boyd v. State, 913 So.2d 1113, 1123 (Ala.Crim.App.2003), and this Court “will not review issues not listed and argued in brief.” Brownlee v. State, 666 So.2d 91, 93 (Ala.Crim.App.1995).

2011Standard of Review “ ‘[W]hen the facts are undisputed and an appellate court is presented with pure questions of law, that court’s review in a Rule 32 proceeding is de novo.’ Ex parte White, 792 So.2d 1097, 1098 (Ala.2001). ‘However, where there are disputed facts in a postconviction proceeding and the circuit court resolves those disputed facts, “[t]he standard of review on appeal ... is whether the trial judge abused his discretion when he denied the petition.” ’ Boyd v. State, 913 So.2d 1113, 1122 (Ala. Crim.App.2003) (quoting Elliott v. State, 601 So.2d 1118, 1119 (Ala.Crim.App. 1992)). ‘O

2011Standard of Review “ ‘[W]hen the facts are undisputed and an appellate court is presented with pure questions of law, that court’s review in a Rule 32 proceeding is de novo.’ Ex parte White, 792 So.2d 1097, 1098 (Ala.2001). ‘However, where there are disputed facts in a postconviction proceeding and the circuit court resolves those disputed facts, “[t]he standard of review on appeal ... is whether the trial judge abused his discretion when he denied the petition.” ’ Boyd v. State, 913 So.2d 1113, 1122 (Ala. Crim.App.2003) (quoting Elliott v. State, 601 So.2d 1118, 1119 (Ala.Crim.App. 1992)). ‘O

2010P. See also Sibley v. State, 775 So.2d 235, 240 (Ala.Crim.App.1996); Block v. State, 744 So.2d 404, 406 (Ala.Crim.App.1996).

2010P. See also Sibley v. State, 775 So.2d 235, 240 (Ala.Crim.App.1996); Block v. State, 744 So.2d 404, 406 (Ala.Crim.App.1996).

2001See Rule 39(k), Ala.R.App.P. 2 Error is plain if “ ‘the error is so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings.’ ” Haney v. State, 603 So.2d 368, 392 (Ala.Crim.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. denied, 507 U.S. 925 , 113 S.Ct. 1297 , 122 L.Ed.2d 687 (1993) (citation omitted).