destruction test in Alabama

5 Alabama opinions name it 2 courts 1889–2012 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 (1)

Case	Followed	Cited
United States v. Whitegreen waed · 1991 · cited in 3 Alabama opinions naming this issue, 1993–2012 2 sentences 2012But compare United States v. White, 766 F.Supp. 873, 884 (E.D.Wash.1991) (a case whose facts are virtually identical to Gingo , wherein the court, without commenting on the materiality of the evidence or the prejudice to the defendant from its loss, held that the destruction of test samples on allegedly hazardous, waste material did not amount to a due process violation in the absence of bad faith). 1996But compare United States v. White , 766 F. Supp. 873 , 884 (E.D.Wash. 1991) (a case whose facts are virtually identical to Gingo , wherein the court, without commenting on the materiality of the evidence or the prejudice to the defendant from its loss, held that the destruction of test samples on allegedly hazardous waste material did not amount to a due process violation in the absence of bad faith).	1	3

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Ex Parte Gingo green ala · 1992 2 sentences 2012“However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. denied, 506 U.S. 1049 , 113 S.Ct. 967 , 122 L.Ed.2d 123 (1993), reversed this Court’s decision. 1993However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo , 605 So.2d 1237 (Ala. 1992), cert. denied, ___ U.S. ___, 113 S.Ct. 967 , 122 L.Ed.2d 123 (1993), reversed this Court's decision.	2	1993–2012
Alabama v. Gingo green scotus · 1993 2 sentences 2012“However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. denied, 506 U.S. 1049 , 113 S.Ct. 967 , 122 L.Ed.2d 123 (1993), reversed this Court’s decision. 1993However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo , 605 So.2d 1237 (Ala. 1992), cert. denied, ___ U.S. ___, 113 S.Ct. 967 , 122 L.Ed.2d 123 (1993), reversed this Court's decision.	2	1993–2012
Helton v. United States green scotus · 1993 1 sentence 2012“However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. denied, 506 U.S. 1049 , 113 S.Ct. 967 , 122 L.Ed.2d 123 (1993), reversed this Court’s decision.	1	2012–2012
State v. Gingo green alacrimapp · 1991 1 sentence 1993We held that "the destruction of the test samples . . . did not deny the defendants due process of law because those defendants have failed to show any 'bad faith' on the part of the prosecution." Gingo , 605 So.2d at 1236-37 .	1	1993–1993
Minniefield v. State green · 1972 2 sentences 1991However, as was recognized in Minniefield v. State , 47 Ala. App. 699 , 705 , 260 So.2d 607 (1972): "At all events we are bound by the opinions of the Supreme Court of Alabama even on Federal questions unless the Supreme Court of the United States expressly or by necessary implication has ruled to the contrary." We conclude that Youngblood overruled Dickerson by necessary implication. 1 We further hold that under the principles of Youngblood , the destruction of the test samples and the waste material located at Page 1237 the dump site did not deny the defendants due process of law because th 1991However, as was recognized in Minniefield v. State , 47 Ala. App. 699 , 705 , 260 So.2d 607 (1972): "At all events we are bound by the opinions of the Supreme Court of Alabama even on Federal questions unless the Supreme Court of the United States expressly or by necessary implication has ruled to the contrary." We conclude that Youngblood overruled Dickerson by necessary implication. 1 We further hold that under the principles of Youngblood , the destruction of the test samples and the waste material located at Page 1237 the dump site did not deny the defendants due process of law because th	1	1991–1991
McArthur v. Carrie's Adm'r green · 1858 1 sentence 1889A hundred disconnected trespasses on the lands of another, by different trespassers, and running through any number of years, if no one of them, of itself, was of sufficient duration to perfect a bar, could not impair the title of the rightful owner. — McArthur v. Carrie, 32 Ala. 75 ; Fleming v. Gilmer, 35 Ala. 62 ; Austin v. Jordan, Ib. 642; McCartney v. Bone, 40 Ala. 533 ; Tayloe v. Dugger, 56 Ala. 444 ; Philippi v. Philippi, 61 Ala. 41 ; Solomon v. Solomon, 76 Ala. 505 .	1	1889–1889
Fleming v. Gilmer neutral ala · 1859 1 sentence 1889A hundred disconnected trespasses on the lands of another, by different trespassers, and running through any number of years, if no one of them, of itself, was of sufficient duration to perfect a bar, could not impair the title of the rightful owner. — McArthur v. Carrie, 32 Ala. 75 ; Fleming v. Gilmer, 35 Ala. 62 ; Austin v. Jordan, Ib. 642; McCartney v. Bone, 40 Ala. 533 ; Tayloe v. Dugger, 56 Ala. 444 ; Philippi v. Philippi, 61 Ala. 41 ; Solomon v. Solomon, 76 Ala. 505 .	1	1889–1889
McCartney's Adm'r v. Bone neutral ala · 1867 1 sentence 1889A hundred disconnected trespasses on the lands of another, by different trespassers, and running through any number of years, if no one of them, of itself, was of sufficient duration to perfect a bar, could not impair the title of the rightful owner. — McArthur v. Carrie, 32 Ala. 75 ; Fleming v. Gilmer, 35 Ala. 62 ; Austin v. Jordan, Ib. 642; McCartney v. Bone, 40 Ala. 533 ; Tayloe v. Dugger, 56 Ala. 444 ; Philippi v. Philippi, 61 Ala. 41 ; Solomon v. Solomon, 76 Ala. 505 .	1	1889–1889
Bell v. Denson green · 1876 1 sentence 1889A hundred disconnected trespasses on the lands of another, by different trespassers, and running through any number of years, if no one of them, of itself, was of sufficient duration to perfect a bar, could not impair the title of the rightful owner. — McArthur v. Carrie, 32 Ala. 75 ; Fleming v. Gilmer, 35 Ala. 62 ; Austin v. Jordan, Ib. 642; McCartney v. Bone, 40 Ala. 533 ; Tayloe v. Dugger, 56 Ala. 444 ; Philippi v. Philippi, 61 Ala. 41 ; Solomon v. Solomon, 76 Ala. 505 .	1	1889–1889
Philippi v. Philippi green · 1878 1 sentence 1889A hundred disconnected trespasses on the lands of another, by different trespassers, and running through any number of years, if no one of them, of itself, was of sufficient duration to perfect a bar, could not impair the title of the rightful owner. — McArthur v. Carrie, 32 Ala. 75 ; Fleming v. Gilmer, 35 Ala. 62 ; Austin v. Jordan, Ib. 642; McCartney v. Bone, 40 Ala. 533 ; Tayloe v. Dugger, 56 Ala. 444 ; Philippi v. Philippi, 61 Ala. 41 ; Solomon v. Solomon, 76 Ala. 505 .	1	1889–1889

Where else courts name it

FL 13 (1994–2026) NY 7 (1952–1996) AL 5 (1889–2012) WV 3 (1995–2015) KY 2 (1936–1948) TN 2 (1965–1967) CT 2 (2017–2019) OK 2 (1923–1972) MO 2 (1912–2024) CA 2 (1974–2021) WI 2 (1982–1995) IL 2 (1966–1966) OR 2 (1975–2009) MI 2 (1968–1981)

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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