denial of the requested instruction (Alabama) · Go Syfert
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denial of the requested instruction in Alabama

5 Alabama opinions name it 2 courts 1979–1999 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.

Followed or applied (2)

CaseFollowedCited
Perry v. Stategreen
ala · 1979 · cited in 4 Alabama opinions naming this issue, 1988–1999
2 sentences

1999As this Court held in Perry , supra, "the denial of the requested instruction is tantamount to the denial of the fundamental right of the accused, as constitutionally and statutorily mandated, to elect not to testify." 368 So.2d at 312 .

1999As this Court held in Perry , supra, "the denial of the requested instruction is tantamount to the denial of the fundamental right of the accused, as constitutionally and statutorily mandated, to elect not to testify." 368 So.2d at 312 .

24
Lakeside v. Oregongreen
scotus · 1978 · cited in 1 Alabama opinions naming this issue, 1979–1979
2 sentences

1979For the Federal rule in accord with our holding, see Bruno v. United States , 308 U.S. 287 , 60 S.Ct. 198 , 84 L.Ed. 257 (1939); see also, Lakeside v. Oregon , 435 U.S. 333 , 98 S.Ct. 1091 , 55 L.Ed.2d 319 (1978) (affirming the Supreme Court of Oregon's holding that it was not reversible error to so instruct even over the defendant's objection).

1979For the Federal rule in accord with our holding, see Bruno v. United States , 308 U.S. 287 , 60 S.Ct. 198 , 84 L.Ed. 257 (1939); see also, Lakeside v. Oregon , 435 U.S. 333 , 98 S.Ct. 1091 , 55 L.Ed.2d 319 (1978) (affirming the Supreme Court of Oregon's holding that it was not reversible error to so instruct even over the defendant's objection).

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 (2)

CaseCitedYears
Thomas v. State green
ala · 1903
1 sentence

1988Among the cases discussed in Perry , we find Thomas v. State, 139 Ala. 80 , 36 So. 734 (1903), to be particularly apropos.

11988–1988
Bruno v. United States green
scotus · 1939
2 sentences

1979For the Federal rule in accord with our holding, see Bruno v. United States , 308 U.S. 287 , 60 S.Ct. 198 , 84 L.Ed. 257 (1939); see also, Lakeside v. Oregon , 435 U.S. 333 , 98 S.Ct. 1091 , 55 L.Ed.2d 319 (1978) (affirming the Supreme Court of Oregon's holding that it was not reversible error to so instruct even over the defendant's objection).

1979For the Federal rule in accord with our holding, see Bruno v. United States , 308 U.S. 287 , 60 S.Ct. 198 , 84 L.Ed. 257 (1939); see also, Lakeside v. Oregon , 435 U.S. 333 , 98 S.Ct. 1091 , 55 L.Ed.2d 319 (1978) (affirming the Supreme Court of Oregon's holding that it was not reversible error to so instruct even over the defendant's objection).

11979–1979

Where else courts name it

TX 6 (1988–2022) AL 5 (1979–1999) CT 2 (1991–2016) MD 2 (1960–2024)

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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