right to an evidentiary hearing (Alabama) · Go Syfert
← Alabama issues

right to an evidentiary hearing in Alabama

5 Alabama opinions name it 2 courts 1994–2005 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 Ingramgreen
ala · 1996 · cited in 1 Alabama opinions naming this issue, 2005–2005
1 sentence

2005In his initial brief, L.J.K.’s entire argument in this regard is as follows: “[L.J.K.] was denied the right to an evidentiary hearing on his motion for new trial due to the trial court’s misplaced reliance on [Ex parte] Jackson[, 598 So.2d 895, 897 (Ala.1992), overruled on other grounds, Ex parte Ingram, 675 So.2d 863, 865 (Ala.1996)].

11
Ex Parte Jacksonred
ala · 1992 · cited in 1 Alabama opinions naming this issue, 2005–2005
1 sentence

2005In his initial brief, L.J.K.’s entire argument in this regard is as follows: “[L.J.K.] was denied the right to an evidentiary hearing on his motion for new trial due to the trial court’s misplaced reliance on [Ex parte] Jackson[, 598 So.2d 895, 897 (Ala.1992), overruled on other grounds, Ex parte Ingram, 675 So.2d 863, 865 (Ala.1996)].

11
Arnett v. Kennedygreen
scotus · 1974 · cited in 1 Alabama opinions naming this issue, 2000–2000
2 sentences

2000Id. at 137 , 94 S.Ct. 1633 .

2000Id. at 137.

11
Ex Parte Clisbygreen
ala · 1987 · cited in 1 Alabama opinions naming this issue, 1998–1998
1 sentence

1998See also Ex parte Clisby, 501 So.2d 483, 487 (Ala.1986) ("[m]ere conclusions of law with regard to the merits of certain issues not raised on direct appeal are not sufficient to invoke the right to an evidentiary hearing on the question of counsel's failure to raise those issues").

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 (5)

CaseCitedYears
Harold S. Cross v. United States green
cadc · 1963
2 sentences

1995Appellants place great reliance on McKissick v. United States, 379 F.2d 754 (5th Cir.1967) and Cross v. United States, 117 U.S.App.D.C. 56 , 325 F.2d 629 (1963).

1995Appellants place great reliance on McKissick v. United States, 379 F.2d 754 (5th Cir.1967) and Cross v. United States, 117 U.S.App.D.C. 56 , 325 F.2d 629 (1963).

21994–1995
Bobby Jean McKissick v. United States green
ca5 · 1967
2 sentences

1995Appellants place great reliance on McKissick v. United States, 379 F.2d 754 (5th Cir.1967) and Cross v. United States, 117 U.S.App.D.C. 56 , 325 F.2d 629 (1963).

1994Appellants place great reliance on McKissick v. United States , 379 F.2d 754 (5th Cir. 1967) and Cross v. United States , 117 U.S.App.D.C. 56 , 325 F.2d 629 (1963).

21994–1995
Underwood v. State red
alacrimapp · 2003
1 sentence

2005Pursuant to Underwood v. State, 879 So.2d 611 (Ala.Crim.App.2003); Edgar v. State, 646 So.2d 683 (Ala.1994); as well as Ex parte Boatwright, 471 So.2d 1257 (Ala.1985), [L.J.K.’s] motions for new trial entitle him to an evidentiary hearing. [L.J.K.’s] uncontested affidavits (C. 260-270) clearly establish that [L.J.K’s] request for an evidentiary hearing is meritorious.” (L.J.K’s brief at pp. 21-22.) Although L.J.K. cites legal authority in support of this claim, he fails to provide any argument as to how the authority he cites supports his claim that he was entitled to an evidentiary hearing on

12005–2005
Edgar v. State green
ala · 1994
1 sentence

2005Pursuant to Underwood v. State, 879 So.2d 611 (Ala.Crim.App.2003); Edgar v. State, 646 So.2d 683 (Ala.1994); as well as Ex parte Boatwright, 471 So.2d 1257 (Ala.1985), [L.J.K.’s] motions for new trial entitle him to an evidentiary hearing. [L.J.K.’s] uncontested affidavits (C. 260-270) clearly establish that [L.J.K’s] request for an evidentiary hearing is meritorious.” (L.J.K’s brief at pp. 21-22.) Although L.J.K. cites legal authority in support of this claim, he fails to provide any argument as to how the authority he cites supports his claim that he was entitled to an evidentiary hearing on

12005–2005
Ex Parte Boatwright green
ala · 1985
1 sentence

2005Pursuant to Underwood v. State, 879 So.2d 611 (Ala.Crim.App.2003); Edgar v. State, 646 So.2d 683 (Ala.1994); as well as Ex parte Boatwright, 471 So.2d 1257 (Ala.1985), [L.J.K.’s] motions for new trial entitle him to an evidentiary hearing. [L.J.K.’s] uncontested affidavits (C. 260-270) clearly establish that [L.J.K’s] request for an evidentiary hearing is meritorious.” (L.J.K’s brief at pp. 21-22.) Although L.J.K. cites legal authority in support of this claim, he fails to provide any argument as to how the authority he cites supports his claim that he was entitled to an evidentiary hearing on

12005–2005

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (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

PA 105 (1979–2026) CA 45 (1970–2026) OH 30 (1997–2026) IL 23 (1970–2026) TX 19 (1969–2017) GA 12 (2003–2021) WI 10 (1992–2022) TN 10 (1970–2024) CT 9 (1991–2019) MS 8 (2007–2024) MT 8 (2003–2025) FL 8 (1992–2022) MI 8 (1981–2024) DC 6 (1991–2019) MN 6 (1966–2017) AK 6 (2009–2022) AL 5 (1994–2005) CO 5 (1987–2025) IN 4 (1991–2019) WV 4 (1978–1990) NY 4 (1973–1998) MA 4 (1992–2019) MO 3 (1980–2011) AZ 3 (2016–2026) NH 3 (2007–2021) NJ 3 (1981–2022) LA 3 (1985–2009) NV 3 (1974–2020) KS 3 (1965–1967) RI 2 (2009–2017) OK 2 (1994–1994) MD 2 (1996–2000)

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.

← Caselaw search · G Cite Topics · Brief Check