Topic: we will not review issues not listed and argued in brief. · Go Syfert
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Topic #1370

14 canonical passages across 11 cases, quoted by 196 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Brownlee v. State.

#Case FlagCanonical passage Citers
1 Brownlee v. State Anchor
alacrimapp · 1995
green “we will not review issues not listed and argued in brief.” 38
2 Ex Parte White
ala · 2001
green “when the facts are undisputed and an appellate court is presented with pure questions of law, that court's review in a rule 32 proceeding is de novo.” 37
3 Jerry White v. Harry K. Singletary, Secretary, Florida Department of Corrections
ca11 · 1992
green “we are not interested in grading lawyers' performances; we are interested in whether the adversarial process at trial, in fact, worked adequately.” 22
4 Lancaster v. State
alacrimapp · 1993
green “which, if true, entitles the petitioner to relief.” 17
5 McGahee v. State
alacrimapp · 2003
green “alabama courts have consistently held that even when a trial court adopts verbatim a party's proposed order, the findings of fact and conclusions of law are those of the trial court and they may be reversed only if they are clearly erroneous.” 14
6 Boyd v. State
alacrimapp · 1999
green “rule 32.6(b) requires that the petition itself disclose the facts relied upon in seeking relief.” 14
7 Ferguson v. State
alacrimapp · 2008
green “on direct appeal we reviewed the record for plain error; however, the plain-error standard of review does not apply to a rule 32 proceeding attacking a death sentence.” 12
8 Boyd v. State
alacrimapp · 2003
green “however, where there are disputed facts in a postconviction proceeding and the circuit court resolves those disputed facts, 'the standard of review on appeal ... is whether the trial judge abused his discretion when he denied the petition.” 11
9 Boyd v. State
alacrimapp · 2003
green “the general rules of preservation apply to rule 32 proceedings.” 10
10 Ex Parte Hill
ala · 1991
green “a judge who presided over the trial or other proceeding and observed the conduct of the attorneys at the trial or other proceeding need not hold a hearing on the effectiveness of those attorneys based upon conduct that he observed.” 6
11 Brownlee v. State
alacrimapp · 1995
green “we will not review issues not listed and argued in brief” 4
12 Ex Parte Ingram
ala · 2010
green “presided over ingram's capital murder trial and personally observed the performance of both lawyers throughout ingram's trial and sentencing.” 4
13 Daniel v. State
alacrimapp · 2011
green “unlike the general requirements related to civil cases, the pleading requirements for postconviction petitions are more stringent....” 4
14 Brownlee v. State
alacrimapp · 1995
green “will not review issues not listed and argued in brief.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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