fair response defense in Alabama

5 Alabama opinions name it 2 courts 1992–1999 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)

Case	Followed	Cited
Ex Parte Musgrovegreen ala · 1993 · cited in 2 Alabama opinions naming this issue, 1995–1999 2 sentences 1999We conclude, however, that the prosecutor's comment was a fair response to defense counsel's statement made immediately before, by which defense counsel argued to the jury that a recommendation of death would kill both Michael Taylor and his mother. `[A] prosecutor has the right to "reply in kind" to statements made by defense counsel in the defense's closing argument.' Ex parte Musgrove, 638 So.2d 1360, 1369 (Ala.1993), cert. denied, Rogers v. Alabama, [513] U.S. [845], 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994). 1995We conclude, however, that the prosecutor's comment was a fair response to defense counsel's statement made immediately before, by which defense counsel argued to the jury that a recommendation of death would kill both Michael Taylor and his mother. "[A] prosecutor has the right to 'reply in kind' to statements made by defense counsel in the defense's closing argument." Ex parte Musgrove , 638 So.2d 1360 , 1369 (Ala. 1993), cert. denied, Rogers v. Alabama , ___ U.S. ___, 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).	1	2
Griffin v. Californiagreen scotus · 1965 · cited in 2 Alabama opinions naming this issue, 1992–1994 2 sentences 1994The broad dicta in Griffin to the effect that the Fifth Amendment "forbids . . . comment by the prosecution on the accused's silence," 380 U.S., at 615 , 85 S.Ct., at 1233 , must be taken in the light of the facts of that case. 1994The broad dicta in Griffin to the effect that the Fifth Amendment "forbids . . . comment by the prosecution on the accused's silence," 380 U.S., at 615 , 85 S.Ct., at 1233 , must be taken in the light of the facts of that case.	1	2

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 (3)

Case	Cited	Years
Shaffer v. United States green scotus · 1994 2 sentences 1999We conclude, however, that the prosecutor's comment was a fair response to defense counsel's statement made immediately before, by which defense counsel argued to the jury that a recommendation of death would kill both Michael Taylor and his mother. `[A] prosecutor has the right to "reply in kind" to statements made by defense counsel in the defense's closing argument.' Ex parte Musgrove, 638 So.2d 1360, 1369 (Ala.1993), cert. denied, Rogers v. Alabama, [513] U.S. [845], 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994). 1995We conclude, however, that the prosecutor's comment was a fair response to defense counsel's statement made immediately before, by which defense counsel argued to the jury that a recommendation of death would kill both Michael Taylor and his mother. "[A] prosecutor has the right to 'reply in kind' to statements made by defense counsel in the defense's closing argument." Ex parte Musgrove , 638 So.2d 1360 , 1369 (Ala. 1993), cert. denied, Rogers v. Alabama , ___ U.S. ___, 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).	2	1995–1999
Quang Ly Tran v. City of Columbus green scotus · 1994 2 sentences 1999We conclude, however, that the prosecutor's comment was a fair response to defense counsel's statement made immediately before, by which defense counsel argued to the jury that a recommendation of death would kill both Michael Taylor and his mother. `[A] prosecutor has the right to "reply in kind" to statements made by defense counsel in the defense's closing argument.' Ex parte Musgrove, 638 So.2d 1360, 1369 (Ala.1993), cert. denied, Rogers v. Alabama, [513] U.S. [845], 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994). 1995We conclude, however, that the prosecutor's comment was a fair response to defense counsel's statement made immediately before, by which defense counsel argued to the jury that a recommendation of death would kill both Michael Taylor and his mother. "[A] prosecutor has the right to 'reply in kind' to statements made by defense counsel in the defense's closing argument." Ex parte Musgrove , 638 So.2d 1360 , 1369 (Ala. 1993), cert. denied, Rogers v. Alabama , ___ U.S. ___, 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994).	2	1995–1999
Donahoo v. State green alacrimapp · 1994 1 sentence 1995But where as in this case the prosecutor's reference to the defendant's opportunity to testify is a fair response to a claim made by defendant or his counsel, we think there is no violation of the privilege. " ' ". . . . " ' " '[The] central purpose of a criminal trial is to decide the factual question of the defendant's guilt or innocence. . . .' To this end it is important that both the defendant and the prosecutor have the opportunity to meet fairly the evidence and arguments of one another. . . ." ' " Donahoo v. State , 647 So.2d 24 , 25-26 (Ala.Cr.App. 1994).	1	1995–1995

Where else courts name it

NY 428 (1975–2026) PA 71 (1983–2025) CA 30 (1994–2026) WA 24 (1988–2025) CO 12 (2007–2026) WI 11 (1999–2025) MD 6 (2010–2016) NJ 6 (1988–2020) AL 5 (1992–1999) OK 5 (2015–2023) FL 5 (1983–2022) MO 4 (1988–2006) TX 4 (2011–2020) NV 4 (1980–2013) OH 4 (2001–2019) MA 4 (2012–2025) TN 4 (2014–2025) MI 4 (2003–2025) AZ 3 (2012–2026) KY 3 (2007–2019) SC 3 (1998–2000) VA 2 (1988–2004) IN 2 (1996–2012) CT 2 (2016–2017) AK 2 (1988–2011) MS 2 (2008–2012)

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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