Houston v. State

24 Citing cases

  1. Nettles v. State

    683 So. 2d 9 (Ala. Crim. App. 1996)   Cited 8 times
    In Nettles, this Court acknowledged the rule set out in Houston, but concluded that the excluded evidence in Nettles was not cumulative to the evidence presented at trial in that the only evidence presented was Nettles's own direct testimony.

    We acknowledge the rule that "[t]he exclusion of admissible evidence does not constitute reversible error where the evidence 'would have been merely cumulative of other evidence of the same nature, which was admitted.' " Houston v. State, 565 So.2d 277, 281 (Ala.Cr.App. 1990). Nonetheless, while the excluded testimony supported the appellant's own testimony, it was not "merely cumulative."

  2. Waldrop v. State

    987 So. 2d 1186 (Ala. Crim. App. 2008)   Cited 50 times
    Adopting the finding that, although "how much detail she provided" is unknown, Mr. Waldrop's mother "did confirm that she did provide this information to [trial counsel]"

    "'[T]he exclusion of admissible evidence does not constitute reversible error where the evidence "would have been merely cumulative of other evidence of the same nature, which was admitted."' Houston v. State, 565 So.2d 277, 281 (Ala.Cr.App. 1990)." Nettles v. State, 683 So.2d 9, 13 (Ala.Crim.App. 1996).

  3. Smith v. State

    745 So. 2d 922 (Ala. Crim. App. 1999)   Cited 45 times
    Stating that the exclusion of admissible evidence does not constitute reversible error when the evidence would have been merely cumulative of other evidence of the same nature that was admitted

    "'[W]here objection is sustained, but the party, nevertheless, proceeds to get in the evidence sought, in substance and effect, which is not excluded and remains for the jury's consideration, the initial ruling, if erroneous, is harmless.'"Houston v. State, 565 So.2d 277, 281 (Ala.Cr.App. 1990), quotingRoberson v. State, 233 Ala. 442, 444, 172 So. 250, 251 (1937). The appellant also contends that the state failed to timely disclose the existence of the pending charges against McMillian and Looney, and that its failure to do so violated a discovery motion that granted the defense discovery of all pending criminal charges of any of the state's witnesses. He claims that he was not informed of any pending charges until after he attempted to cross-examine McMillian and Looney and that, therefore, he is entitled to a new trial.

  4. Davis v. Allen

    Civil Action No. CV 07-S-518-E (N.D. Ala. May. 26, 2016)   Cited 4 times

    "The exclusion of admissible evidence does not constitute reversible error where the evidence 'would have been merely cumulative of other evidence of the same nature, which was admitted.'" Houston v. State, 565 So. 2d 277, 281 (Ala. Crim. App. 1990) (quoting Ex parte Lawson, 476 So. 2d 122, 122 (Ala. 1985)). Accordingly, for the reasons stated above we find no reversible error.

  5. Jordan ex Rel. Jordan v. Calloway

    7 So. 3d 310 (Ala. 2008)   Cited 14 times

    "The exclusion of admissible evidence does not constitute reversible error where the evidence `would have been merely cumulative of other evidence of the same nature, which was admitted.'" Houston v. State, 565 So.2d 277, 281 (Ala.Crim.App. 1990) (quoting Ex parte Lawson, 476 So.2d 122, 122 (Ala. 1985)). Therefore, the trial court's error, if any, in finding that the excluded medical records were not properly authenticated was not prejudicial to Jordan, and we affirm the trial court's denial of Jordan's motion for a new trial on this issue.

  6. Ex Parte Koppersmith

    701 So. 2d 821 (Ala. 1997)   Cited 3 times

    The Court of Criminal Appeals has noted on numerous occasions that "[t]he exclusion of admissible evidence is not reversible error when it would have been merely cumulative of other evidence that was admitted." Kolmetz v. State, 600 So.2d 389, 391-92 (Ala.Crim.App. 1991), cert. denied, 600 So.2d 396 (Ala. 1992) (citing Houston v. State, 565 So.2d 277 (Ala.Crim.App. 1990)). This rule has no application here, because the testimony was not cumulative.

  7. Sutton v. State

    No. M2024-00760-COA-T10B-CV (Tenn. Ct. App. Jul. 5, 2024)

    Respecting a trial judge's credibility determination as it relates to potential bias or prejudice warranting recusal, the Tennessee Court of Criminal Appeals has clarified: To disqualify [a trial judge], prejudice must be of a personal character, directed at the litigant, "must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from . . . participation in the case."Id.; see also United States v. Grinnell Corp., 384 U.S. 563, 583, 86 S.Ct. 1698, 1710, 16 L.Ed.2d 778 (1966); Houston v. State, 565 So.2d 277 (Ala.Crim.App.1990). . . . If the bias is based upon actual observance of witnesses and evidence given during the trial, the judge's prejudice does not disqualify the judge.

  8. Hatfield v. Allenbrooke Nursing & Rehab. Ctr., LLC

    No. W2016-01510-COA-T10B-CV (Tenn. Ct. App. Aug. 25, 2016)

    To disqualify, prejudice must be of a personal character, directed at the litigant, "must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from ... participation in the case." [State ex rel. Wesolich v. Goeke, 794 S.W.2d 692, 697 (Mo. App. 1990)]; see also United States v. Grinnell Corp., 384 U.S. 563, 583, 86 S. Ct. 1698, 1710, 16 L.Ed.2d 778 (1966); Houston v. State, 565 So.2d 277 (Ala. Crim. App. 1990).. . . If the bias is based upon actual observance of witnesses and evidence given during the trial, the judge's prejudice does not disqualify the judge.

  9. Johnson v. State

    256 So. 3d 684 (Ala. Crim. App. 2014)   Cited 2 times

    " ‘[T]he exclusion of admissible evidence does not constitute reversible error where the evidence "would have been merely cumulative of other evidence of the same nature, which was admitted." ’ " Brownfield v. State, 44 So.3d 1, 25 (Ala.Crim.App.2007) (quoting Houston v. State, 565 So.2d 277, 281 (Ala.Crim.App.1990) ). Maddox testified that he supervised the stores where Johnson worked, that he did not recall any drug shortages in the stores where Johnson worked, that he was not aware of any anger issues with Johnson, that Johnson was a good employee, and that he asked Johnson to help him open a new store in Bayou La Batre. (R. 1555–56.)

  10. Wilson v. Wilson

    93 So. 3d 122 (Ala. Civ. App. 2012)   Cited 7 times

    “ ‘The exclusion of admissible evidence does not constitute reversible error where the evidence “would have been merely cumulative of other evidence of the same nature, which was admitted.” ’ ” Jordan v. Calloway, 7 So.3d 310, 315 (Ala.2008) (quoting Houston v. State, 565 So.2d 277, 281 (Ala.Crim.App.1990), quoting in turn Ex parte Lawson, 476 So.2d 122, 122 (Ala.1985)). Thus, any error on the part of the trial court in limiting the husband's ability to prove that Vest was biased in favor of the wife was harmless error not affecting the husband's substantial rights.