invalid waiver in Alabama

5 Alabama opinions name it 2 courts 1898–2016 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)

Case	Followed	Cited
Powers v. Stategreen alacrimapp · 2009 · cited in 3 Alabama opinions naming this issue, 2014–2016 2 sentences 2016Cf. Cobb v. State, 155 So.3d 318, 323 (Ala.Crim.App.2014) (‘An invalid waiver of the right to counsel is a jurisdictional defect, and “[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.” Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala.Crim.App.2009).’).” Kennedy v. State, 186 So.3d 507, 518 (Ala.Crim.App.2015). 2015Cf. Cobb v. State, 155 So.3d 318, 323 (Ala. Crim.App.2014) (“An invalid waiver of the right to counsel is a jurisdictional defect, and ‘[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.’ Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala. Crim.App.2009).”).	3	3
Ash v. Stategreen ala · 2002 · cited in 3 Alabama opinions naming this issue, 2014–2016 2 sentences 2016Cf. Cobb v. State, 155 So.3d 318, 323 (Ala.Crim.App.2014) (‘An invalid waiver of the right to counsel is a jurisdictional defect, and “[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.” Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala.Crim.App.2009).’).” Kennedy v. State, 186 So.3d 507, 518 (Ala.Crim.App.2015). 2015Cf. Cobb v. State, 155 So.3d 318, 323 (Ala. Crim.App.2014) (“An invalid waiver of the right to counsel is a jurisdictional defect, and ‘[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.’ Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala. Crim.App.2009).”).	3	3
Cobb v. Stategreen alacrimapp · 2014 · cited in 2 Alabama opinions naming this issue, 2015–2016 2 sentences 2016Cf. Cobb v. State, 155 So.3d 318, 323 (Ala.Crim.App.2014) (‘An invalid waiver of the right to counsel is a jurisdictional defect, and “[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.” Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala.Crim.App.2009).’).” Kennedy v. State, 186 So.3d 507, 518 (Ala.Crim.App.2015). 2015Cf. Cobb v. State, 155 So.3d 318, 323 (Ala. Crim.App.2014) (“An invalid waiver of the right to counsel is a jurisdictional defect, and ‘[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.’ Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala. Crim.App.2009).”).	2	2
Kennedy v. Stategreen alacrimapp · 2015 · cited in 1 Alabama opinions naming this issue, 2016–2016 1 sentence 2016Cf. Cobb v. State, 155 So.3d 318, 323 (Ala.Crim.App.2014) (‘An invalid waiver of the right to counsel is a jurisdictional defect, and “[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.” Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala.Crim.App.2009).’).” Kennedy v. State, 186 So.3d 507, 518 (Ala.Crim.App.2015).	1	1

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
Ex Parte Seymour green ala · 2006 2 sentences 2016Cf. Cobb v. State, 155 So.3d 318, 323 (Ala.Crim.App.2014) (‘An invalid waiver of the right to counsel is a jurisdictional defect, and “[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.” Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala.Crim.App.2009).’).” Kennedy v. State, 186 So.3d 507, 518 (Ala.Crim.App.2015). 2015Cf. Cobb v. State, 155 So.3d 318, 323 (Ala. Crim.App.2014) (“An invalid waiver of the right to counsel is a jurisdictional defect, and ‘[a] jurisdictional defect defies analysis by a harmless-error standard and is per se ground for reversal, requiring no consideration of whether the defendant was prejudiced as a result of the error.’ Ash v. State, 843 So.2d 213, 219 (Ala.2002), overruled on other grounds, Ex parte Seymour, 946 So.2d 536 (Ala.2006), quoted in Powers v. State, 38 So.3d 764, 768-69 (Ala. Crim.App.2009).”).	3	2014–2016
Clark & Wadsworth v. Jones green ala · 1887 1 sentence 1952Appellant cites in support of its contention the case of Clark and Wadsworth v. Jones, 85 Ala. 127 , 4 So. 771 .	1	1952–1952
Kentz v. City of Mobile neutral · 1898 1 sentence 1898The question argued in the briefs, and Avhich also was apparently intended to be raised by the last assignment .of error, as to the validity of that part of the charter act creating the office of recorder, was recently considered in tlie case of Kentz v. City of Mobile, supra. We hold to the opinion there rendered which was to effect that eligibility to the office of recorder being not restricted by the constitution to persons learned in the law, and in view of the constitutional guaranty of equal civil and political rights to citizens of the State, the legislature was without power to enact i	1	1898–1898

Where else courts name it

TX 56 (1955–2025) NY 44 (1909–2025) CA 36 (1928–2025) FL 25 (1958–2026) OH 24 (1976–2026) IL 22 (1983–2024) LA 18 (1971–2019) CO 18 (1993–2026) ID 16 (1987–2025) OR 16 (1983–2026) MI 15 (1967–2023) PA 15 (1939–2021) MD 13 (1937–2017) MN 12 (1960–2026) WA 12 (1897–2024) WI 9 (1975–2022) AZ 8 (1935–2024) CT 8 (1993–2022) MO 7 (1915–1998) IN 7 (1976–2023) VA 6 (1852–1998) OK 6 (1933–1985) HI 5 (1973–2018) NV 5 (1998–2025) NJ 5 (1959–2026) AL 5 (1898–2016) SD 4 (2007–2025) TN 4 (1940–2009) MA 4 (1983–2020) VT 3 (1987–2016) WV 3 (1946–2014) ME 3 (1985–2012) IA 3 (1976–2014) AR 2 (1988–2021) MS 2 (2010–2021) KS 2 (1985–2022) NM 2 (2001–2006) NC 2 (1989–1997) KY 2 (1928–1931) AK 2 (1975–1996) NH 2 (1977–2006) ND 2 (2006–2006) GA 2 (1989–2003)

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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