evidence supports instruction (Alabama) · Go Syfert
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evidence supports instruction in Alabama

5 Alabama opinions name it 2 courts 2000–2015 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 (4)

CaseFollowedCited
Ex Parte Myersgreen
ala · 1997 · cited in 3 Alabama opinions naming this issue, 2010–2015
2 sentences

2015See Beck, 447 U.S. at 627 , 100 S.Ct. at 2384 (overturning death penalty where jury “was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict’); cf. Hopper v. Evans, 456 U.S. 605, 610-14 , 102 S.Ct. 2049, 2052-54 , 72 L.Ed.2d 367 (1982) (upholding death sentence even though jury was instructed on only capital offense under Alabama’s preclusion statute, because the evidence did not support a lesser included - offense charge and defendant was thus not prejudiced by preclusion statute).... [A] lesser inclu

2013See Beck, 447 U.S. at 627 , 100 S.Ct. at 2384 (overturning death penalty where jury “was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict’); cf. Hopper v. Evans, 456 U.S. 605, 610-14 , 102 S.Ct. 2049, 2052-54 , 72 L.Ed.2d 367 (1982) (upholding death sentence even though jury was instructed on only capital offense under Alabama’s preclusion statute, because the evidence did not support a lesser included offense charge and defendant was thus not prejudiced by preclusion statute)_ [A] lesser included n

33
Bell v. Stategreen
alacrimapp · 1987 · cited in 3 Alabama opinions naming this issue, 2010–2015
2 sentences

2015See Beck, 447 U.S. at 627 , 100 S.Ct. at 2384 (overturning death penalty where jury “was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict’); cf. Hopper v. Evans, 456 U.S. 605, 610-14 , 102 S.Ct. 2049, 2052-54 , 72 L.Ed.2d 367 (1982) (upholding death sentence even though jury was instructed on only capital offense under Alabama’s preclusion statute, because the evidence did not support a lesser included - offense charge and defendant was thus not prejudiced by preclusion statute).... [A] lesser inclu

2013See Beck, 447 U.S. at 627 , 100 S.Ct. at 2384 (overturning death penalty where jury “was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict’); cf. Hopper v. Evans, 456 U.S. 605, 610-14 , 102 S.Ct. 2049, 2052-54 , 72 L.Ed.2d 367 (1982) (upholding death sentence even though jury was instructed on only capital offense under Alabama’s preclusion statute, because the evidence did not support a lesser included offense charge and defendant was thus not prejudiced by preclusion statute)_ [A] lesser included n

33
Beck v. Alabamagreen
scotus · 1980 · cited in 3 Alabama opinions naming this issue, 2010–2015
2 sentences

2015See Beck, 447 U.S. at 627 , 100 S.Ct. at 2384 (overturning death penalty where jury “was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict’); cf. Hopper v. Evans, 456 U.S. 605, 610-14 , 102 S.Ct. 2049, 2052-54 , 72 L.Ed.2d 367 (1982) (upholding death sentence even though jury was instructed on only capital offense under Alabama’s preclusion statute, because the evidence did not support a lesser included - offense charge and defendant was thus not prejudiced by preclusion statute).... [A] lesser inclu

2015See Beck, 447 U.S. at 627 , 100 S.Ct. at 2384 (overturning death penalty where jury “was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict’); cf. Hopper v. Evans, 456 U.S. 605, 610-14 , 102 S.Ct. 2049, 2052-54 , 72 L.Ed.2d 367 (1982) (upholding death sentence even though jury was instructed on only capital offense under Alabama’s preclusion statute, because the evidence did not support a lesser included - offense charge and defendant was thus not prejudiced by preclusion statute).... [A] lesser inclu

33
Aman v. Gilleygreen
alacivapp · 2005 · cited in 1 Alabama opinions naming this issue, 2010–2010
1 sentence

2010See Aman v. Gilley, 55 So.3d at 240 (Murdock, J., concurring in the result).

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
Hopper v. Evans green
scotus · 1982
2 sentences

2015See Beck, 447 U.S. at 627 , 100 S.Ct. at 2384 (overturning death penalty where jury “was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict’); cf. Hopper v. Evans, 456 U.S. 605, 610-14 , 102 S.Ct. 2049, 2052-54 , 72 L.Ed.2d 367 (1982) (upholding death sentence even though jury was instructed on only capital offense under Alabama’s preclusion statute, because the evidence did not support a lesser included - offense charge and defendant was thus not prejudiced by preclusion statute).... [A] lesser inclu

2015See Beck, 447 U.S. at 627 , 100 S.Ct. at 2384 (overturning death penalty where jury “was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict’); cf. Hopper v. Evans, 456 U.S. 605, 610-14 , 102 S.Ct. 2049, 2052-54 , 72 L.Ed.2d 367 (1982) (upholding death sentence even though jury was instructed on only capital offense under Alabama’s preclusion statute, because the evidence did not support a lesser included - offense charge and defendant was thus not prejudiced by preclusion statute).... [A] lesser inclu

42000–2015
Maine v. Patten green
scotus · 1982
1 sentence

2000Alabama v. Wright , 457 U.S. 1114 (1982).

12000–2000

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (3) AL § Ala. Code § 13A-5-45 (3) AL § Ala. Code § 13A-5-47 (3) AL § Ala. Code § 13A-5-49 (3) AL § Ala. Code § 13A-5-53 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 44 (1983–2023) TX 39 (1885–2026) IN 30 (1983–2019) CA 29 (1948–2024) MI 28 (1982–2026) AZ 25 (1970–2025) TN 24 (1999–2025) WA 23 (1993–2022) NC 17 (1976–2023) IL 15 (1921–2025) OH 13 (1999–2026) MS 13 (2005–2025) MO 13 (1917–2024) ID 11 (1956–2020) CO 8 (1983–2025) FL 8 (1970–2016) PA 7 (1981–2025) OK 5 (1973–2016) AL 5 (2000–2015) NM 5 (1989–2019) ND 4 (1988–2013) MA 4 (1975–2017) VT 4 (2006–2026) WY 3 (1998–2010) CT 3 (1980–2002) GA 3 (1978–2005) UT 3 (1986–2026) MN 3 (1987–2025) LA 2 (2019–2019) NE 2 (1938–2007) WI 2 (1992–1992) SD 2 (2016–2026)

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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