Houston v. State

7 Citing cases

  1. 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).

  2. 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.

  3. 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.

  4. Dotch v. State

    67 So. 3d 936 (Ala. Crim. App. 2011)   Cited 46 times
    Holding that the circuit court was not required to instruct the jury regarding its consideration of prior conviction evidence when that evidence had been admitted to establish motive

    "'Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.' "See also Houston v. State, 565 So.2d 277, 281 (Ala. Crim.App. 1990) (holding 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."')• In this case, much of the information that was included in the excluded documentation was not relevant and could have resulted in a confusion of the issues for the jury.

  5. Newton v. State

    78 So. 3d 458 (Ala. Crim. App. 2009)   Cited 24 times
    Upholding the refusal of requested instructions that required the jury to find certain evidence to constitute mitigating circumstances

    "Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence."See also Houston v. State, 565 So.2d 277, 281 (Ala.Crim.App.1990) (holding 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’ "). In this case, much of the information that was included in the excluded documentation was not relevant and could have resulted in a confusion of the issues for the jury.

  6. Smith v. State

    838 So. 2d 413 (Ala. Crim. App. 2002)   Cited 58 times
    Holding that the prosecutor's comments were proper in that they were making "inferences and conclusions from the evidence."

    Townsell v. State, 255 Ala. 495, 498, 52 So.2d 186, 189 (1951).' Houston v. State, 565 So.2d 277, 279 (Ala.Cr.App. 1990). See also Tombrello v. State, 421 So.2d 1319, 1322 (Ala.Cr.App. 1982); Carson v. State, 49 Ala. App. 413, 272 So.2d 619, 622 (1973).

  7. Ex Parte Fowler

    863 So. 2d 1136 (Ala. Crim. App. 2001)   Cited 7 times
    In Ex parte Fowler, 863 So.2d 1136, 1140 (Ala.Crim.App. 2001) (Shaw and Wise, JJ., dissenting), this Court addressed whether a trial judge had abused his discretion in denying a motion to recuse after the judge had told Fowler that if Fowler was convicted in circuit court, on his de novo appeal, he would impose a greater sentence than was imposed by the district court.

    h improper when considered within the context of a particular case, are not necessarily grounds for recusal when they do not arise from an extrajudicial source. See also Ex parte Hunt, 642 So.2d 1060 (Ala. 1994); Kitchens v. Maye, 623 So.2d 1082 (Ala. 1993); Ex parte Whisenhant, 555 So.2d 235 (Ala. 1989); Ex parte Melof, 553 So.2d 554 (Ala. 1989), abrogated in part by Ex parte Crawford, 686 So.2d 196 (Ala. 1996); Medical Arts Clinic, P.C. v. Henry, 484 So.2d 385 (Ala. 1986); Ex parte Knotts, 716 So.2d 262 (Ala.Crim.App. 1998); Stewart v. State, 730 So.2d 1203 (Ala. Crim App. 1997); Ex parte Bryant, 675 So.2d 552 (Ala.Crim.App. 1996); Bush v. State, 695 So.2d 70 (Ala.Crim.App. 1995), aff'd, 695 So.2d 138 (Ala. 1997); Beard v. State, 661 So.2d 789 (Ala.Crim.App. 1995); Riddle v. State, 669 So.2d 1014 (Ala.Crim.App. 1994); Parker v. State, 587 So.2d 1072 (Ala.Crim.App. 1991); Wright v. State, 628 So.2d 1071 (Ala.Crim.App. 1993); Adkins v. State, 600 So.2d 1054 (Ala. Crim App. 1990); and Houston v. State, 565 So.2d 277 (Ala. Crim App. 1990). I recognize that Liteky v. United States, 510 U.S. 540 (1994), in which the United States Supreme Court construed a federal statute similar to Canon 3.C.(1), is persuasive authority with respect to the proper interpretation of Canon 3.C.(1).