Boyd v. State

3 Citing cases

  1. Lee v. State

    586 So. 2d 264 (Ala. Crim. App. 1991)   Cited 5 times

    Lee's final contention of ineffective assistance of counsel is not properly before this court for decision. Claims of ineffective assistance of counsel may not be considered for the first time on direct appeal where, as in the instant case, the claim was not raised in a motion for new trial. Boyd v. State, 361 So.2d 1179 (Ala.Cr.App. 1978). The foregoing opinion was prepared by the Honorable JAMES H. FAULKNER, a former Supreme Court Justice, and his opinion is hereby adopted as that of the court.

  2. Adams v. State

    484 So. 2d 1160 (Ala. Crim. App. 1986)   Cited 4 times

    The appellant's attorney replied, "We find that they are indeed reasonable figures and we do not make any protest at all." Even constitutional questions, when not raised in the trial court will not be considered on appeal. Steele v. State, 289 Ala. 186, 266 So.2d 746 (1972); Boyd v. State, 361 So.2d 1179 (Ala.Cr.App. 1977); Smoke v. State, 347 So.2d 564 (Ala.Cr.App. 1977); Harris v. State, 347 So.2d 1363 (Ala.Cr.App.), cert. denied, 347 So.2d 1368 (1977). Agreeing to the restitution requirements is common defense strategy at sentencing hearings.

  3. Gould v. City of Birmingham

    375 So. 2d 1296 (Ala. Crim. App. 1979)   Cited 1 times

    We do not find that the appellants raised this issue in the trial court. Constitutional rights must be seasonably raised in the trial court in order to be considered on appeal. Cooper v. Green, Ala., 359 So.2d 377 (1978); Howard v. Pike, 290 Ala. 213, 275 So.2d 645 (1973); Steele v. State, 289 Ala. 186, 266 So.2d 746 (1972); Boyd v. State, Ala.Cr.App., 361 So.2d 1179 (1978); Smoke v. State, Ala.Cr.App., 347 So.2d 564 (1977); Harris v. State, Ala.Cr.App., 347 So.2d 1363, cert. denied, Ala., 347 So.2d 1368 (1977); and cases cited therein. "To warrant a court to decree a statute void, the invalidity of that statute must be distinctly pointed out to that court, and where the alleged unconstitutionality of an act is not properly raised in the trial court below, the appellate courts are not at liberty to consider that issue on appeal."