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5 Alabama opinions name it 1 courts 1981–1992 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.
| Case | Followed | Cited |
|---|---|---|
United States v. James Harrison Barham, A/K/A Robert Myersgreen1 sentence1986Moreover, "where there is any evidentiary support whatsoever for the availability of a legal defense, and the trial court's attention is specifically directed to that defense, it is reversible error for the court to refuse to charge the jury concerning that defense." United States v. Barham, supra, at 244. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Grace v. State
green
2 sentences1992Evidence consists of three things: First is the sworn testimony that you heard from the witness stand; secondly, the exhibits and documents that you'll have with you in the jury room; and third is the presumption of innocence that I have already described for you. . . ." In Breeding v. State , 523 So.2d 496 (Ala.Crim.App. 1987), the appellant argued that the trial court had erred by failing to charge the jury that "the legal presumption of innocence was a matter of evidence and should be regarded as such by the jury in the Defendant's behalf during their deliberations." This court held in Bree 1987In Grace v. State , 456 So.2d 862 (Ala.Cr.App. 1984), this Court found that the trial judge's oral charge to the jury concerning the presumption of innocence substantially covered the necessary principles *Page 504 of law and that charge contained no language requiring that the jury consider the presumption of innocence as evidence in the appellant's behalf during their deliberations. | 2 | 1987–1992 |
Ex Parte Traweek
green
2 sentences1981The above charge has been expressly approved by our Supreme Court in Traweek v. State , Ala., 380 So.2d 958 (1979); Hunter v. State , 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State , 100 Ala. 4 , 14 So. 851 (1893). 1981Quoting from Wiggins v. State, Ala.Cr.App., 398 So.2d 780 , cert. denied, Ala., 398 So.2d 783 (1981), which discussed the identical issue now before us: “The above charge has been expressly approved by our Supreme Court in Traweek v. State, Ala., 380 So.2d 958 (1979); Hunter v. State, 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State, 100 Ala. 4 , 14 So. 851 (1893). | 2 | 1981–1981 |
Karr v. State
green
2 sentences1981The above charge has been expressly approved by our Supreme Court in Traweek v. State , Ala., 380 So.2d 958 (1979); Hunter v. State , 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State , 100 Ala. 4 , 14 So. 851 (1893). 1981Quoting from Wiggins v. State, Ala.Cr.App., 398 So.2d 780 , cert. denied, Ala., 398 So.2d 783 (1981), which discussed the identical issue now before us: “The above charge has been expressly approved by our Supreme Court in Traweek v. State, Ala., 380 So.2d 958 (1979); Hunter v. State, 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State, 100 Ala. 4 , 14 So. 851 (1893). | 2 | 1981–1981 |
Hunter v. State
green
2 sentences1981Quoting from Wiggins v. State, Ala.Cr.App., 398 So.2d 780 , cert. denied, Ala., 398 So.2d 783 (1981), which discussed the identical issue now before us: “The above charge has been expressly approved by our Supreme Court in Traweek v. State, Ala., 380 So.2d 958 (1979); Hunter v. State, 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State, 100 Ala. 4 , 14 So. 851 (1893). 1981Quoting from Wiggins v. State, Ala.Cr.App., 398 So.2d 780 , cert. denied, Ala., 398 So.2d 783 (1981), which discussed the identical issue now before us: “The above charge has been expressly approved by our Supreme Court in Traweek v. State, Ala., 380 So.2d 958 (1979); Hunter v. State, 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State, 100 Ala. 4 , 14 So. 851 (1893). | 2 | 1981–1981 |
Breeding v. State
green
1 sentence1992Evidence consists of three things: First is the sworn testimony that you heard from the witness stand; secondly, the exhibits and documents that you'll have with you in the jury room; and third is the presumption of innocence that I have already described for you. . . ." In Breeding v. State , 523 So.2d 496 (Ala.Crim.App. 1987), the appellant argued that the trial court had erred by failing to charge the jury that "the legal presumption of innocence was a matter of evidence and should be regarded as such by the jury in the Defendant's behalf during their deliberations." This court held in Bree | 1 | 1992–1992 |
Wiggins v. State
green
1 sentence1981Quoting from Wiggins v. State, Ala.Cr.App., 398 So.2d 780 , cert. denied, Ala., 398 So.2d 783 (1981), which discussed the identical issue now before us: “The above charge has been expressly approved by our Supreme Court in Traweek v. State, Ala., 380 So.2d 958 (1979); Hunter v. State, 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State, 100 Ala. 4 , 14 So. 851 (1893). | 1 | 1981–1981 |
Wiggins v. State
green
1 sentence1981Quoting from Wiggins v. State, Ala.Cr.App., 398 So.2d 780 , cert. denied, Ala., 398 So.2d 783 (1981), which discussed the identical issue now before us: “The above charge has been expressly approved by our Supreme Court in Traweek v. State, Ala., 380 So.2d 958 (1979); Hunter v. State, 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State, 100 Ala. 4 , 14 So. 851 (1893). | 1 | 1981–1981 |
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.