Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
5 Alabama opinions name it 2 courts 1988–2014 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 |
|---|---|---|
Brewer v. Stategreen2 sentences2014The circumstances of the charged crime and the. collateral crime must ‘exhibit such a great degree of similarity that anyone viewing the two offenses would naturally assume them to have been committed by-the same per son.’ Brewer v. State, 440 So.2d 1155, 1161 (Ala.Crim.App.1983).” McClain v. State, 26 So.3d 491, 493-94 (Ala.Crim.App.2009). 2009The circumstances of the charged crime and the collateral crime must ‘exhibit such a great degree of similarity that anyone viewing the two offenses would naturally assume them to have been committed by the same person.’ Brewer v. State, 440 So.2d 1155, 1161 (Ala.Crim.App.1983).” McClain v. State, 26 So.3d 491, 493-494 (Ala.Crim.App.2009). | 3 | 3 |
Ex Parte Darbygreen2 sentences2014See also Ex parte Darby, 516 So.2d 786, 789 (Ala.1987)(the common scheme or plan exception has been held to be ‘coextensive with the identity exception’). 2009See also Ex parte Darby, 516 So.2d 786, 789 (Ala.1987) (the common scheme or plan exception has been held to be ‘coextensive with the identity exception’). | 3 | 3 |
McClain v. Stategreen2 sentences2014The circumstances of the charged crime and the. collateral crime must ‘exhibit such a great degree of similarity that anyone viewing the two offenses would naturally assume them to have been committed by-the same per son.’ Brewer v. State, 440 So.2d 1155, 1161 (Ala.Crim.App.1983).” McClain v. State, 26 So.3d 491, 493-94 (Ala.Crim.App.2009). 2009The circumstances of the charged crime and the collateral crime must ‘exhibit such a great degree of similarity that anyone viewing the two offenses would naturally assume them to have been committed by the same person.’ Brewer v. State, 440 So.2d 1155, 1161 (Ala.Crim.App.1983).” McClain v. State, 26 So.3d 491, 493-494 (Ala.Crim.App.2009). | 2 | 2 |
McClellan v. Stategreen1 sentence1992The intent exception is inapplicable in this prosecution. “ ‘Even when the crime charged is one requiring specific intent, the evidence still may not be admitted where competent evidence links the defendant with the crime charged and the jury can infer the requisite intent.’ Gamble & James, Perspectives on the Evidence Law of Alabama: A Decade of Evolution, 1977-1987, 40 Ala. L.Rev. 95, 134 (1988) (citing Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)).” McClellan v. State, 571 So.2d 341, 344 (Ala. Cr.App.1990), cert. quashed, 571 So.2d 345 (Ala.1990). | 1 | 1 |
Ex Parte Cofergreen1 sentence1992The intent exception is inapplicable in this prosecution. “ ‘Even when the crime charged is one requiring specific intent, the evidence still may not be admitted where competent evidence links the defendant with the crime charged and the jury can infer the requisite intent.’ Gamble & James, Perspectives on the Evidence Law of Alabama: A Decade of Evolution, 1977-1987, 40 Ala. L.Rev. 95, 134 (1988) (citing Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)).” McClellan v. State, 571 So.2d 341, 344 (Ala. Cr.App.1990), cert. quashed, 571 So.2d 345 (Ala.1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. State
green
1 sentence1992The intent exception is inapplicable in this prosecution. “ ‘Even when the crime charged is one requiring specific intent, the evidence still may not be admitted where competent evidence links the defendant with the crime charged and the jury can infer the requisite intent.’ Gamble & James, Perspectives on the Evidence Law of Alabama: A Decade of Evolution, 1977-1987, 40 Ala. L.Rev. 95, 134 (1988) (citing Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)).” McClellan v. State, 571 So.2d 341, 344 (Ala. Cr.App.1990), cert. quashed, 571 So.2d 345 (Ala.1990). | 1 | 1992–1992 |
Sellers v. State
green
2 sentences1988However, on the authority of Lee, supra , and the application of Lee in Sellers v. State , 41 Ala. App. 612 , 145 So.2d 853 (1962), the Court of Criminal Appeals concluded that, even though the testimony that the defendant had also raped the victim's sister was admissible, the testimony that she had thereby become pregnant and the child was stillborn was inadmissible. 1988However, on the authority of Lee, supra , and the application of Lee in Sellers v. State , 41 Ala. App. 612 , 145 So.2d 853 (1962), the Court of Criminal Appeals concluded that, even though the testimony that the defendant had also raped the victim's sister was admissible, the testimony that she had thereby become pregnant and the child was stillborn was inadmissible. | 1 | 1988–1988 |
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.