Clontz v. State

10 Citing cases

  1. Jones v. Kassouf

    949 So. 2d 136 (Ala. 2006)   Cited 15 times

    Pannell v. State, Ala.Crim.App., 356 So.2d 219, cert. denied, 356 So.2d 222 ([Ala.] 1977).'"Clontz v. State, 531 So.2d 60, 61-62 (Ala.Crim.App. 1988) (emphasis added). See also Judicial Inquiry Commission Advisory Opinion 84-219 (Aug. 27, 1984) ("[I]t is the opinion of the [Judicial Inquiry] Commission that the mere fact that a party to a proceeding is represented by the defeated opponent of the judge for judicial office does not require the judge's disqualification."); Advisory Opinion 98-694 (May 15, 1998); Advisory Opinion 98-716 (Dec. 18, 1998); and Advisory Opinion 04-838 (April 8, 2004).

  2. Lambeth v. State

    562 So. 2d 575 (Ala. 1990)   Cited 15 times

    Lambeth v. State, 562 So.2d 573 (Ala.Crim.App. 1989). See Molina v. State, 533 So.2d 701 (Ala.Crim.App. 1988), cert. denied, ___ U.S. ___, 109 S.Ct. 1547, 103 L.Ed.2d 851 (1989); Clontz v. State, 531 So.2d 60 (Ala.Crim.App. 1988); Petite v. State, 520 So.2d 207 (Ala.Crim.App. 1987); Clark v. City of Montgomery, 497 So.2d 1140 (Ala.Crim.App. 1986); Adams v. State, 459 So.2d 999 (Ala.Crim.App. 1984); Dent v. State, 423 So.2d 327 (Ala.Crim.App. 1982); While we agree with the reasoning of the Court of Criminal Appeals, we find that the judgment was properly reversed and the case properly remanded for a new trial for a more fundamental and compelling reason.

  3. Jackson v. State

    No. CR-07-1208 (Ala. Crim. App. Mar. 29, 2013)

    [C. Gamble, McElroy's Alabama Evidence § 242.01(1) (3d ed.1977)]. See also Clontz v. State, 531 So. 2d 60, 61 (Ala.Cr.App. 1988) (wherein a probation officer was allowed to testify that he first became aware the defendant was not at his address through a telephone call from the appellant's mother, because "the testimony was not introduced as proof of the matter asserted, but rather as the motive behind the probation officer's beginning his investigation"); Molina v. State, 533 So. 2d 701, 714 (Ala.Cr.App. 1988), cert. denied, 489 U.S. 1086, 109 S.Ct. 1547, 103 L.Ed. 2d 851 (1989) (wherein a police officer was allowed to testify to information concerning a vehicle suspected to be involved in drug activity, received through a radio dispatch, because it was not offered to prove the truth of the contents of the dispatch, but "to explain the reason he pursued and subsequently stopped the defendant"); Petite v. State, 520 So. 2d 207, 211 (Ala.Cr.App. 1987) (a radio broadcast, stating that a burglary was in progress, was not hearsay as it was not introduced to prove the truth of the matter asserted, "but rather for th

  4. Johnson v. State

    120 So. 3d 1130 (Ala. Crim. App. 2013)   Cited 33 times
    Holding prosecutor's argument that a prosecution witness, while a murderer, had testified truthfully because "the evidence showed he did" was appropriate jury argument

    [C. Gamble, McElroy's Alabama Evidence § 242.01(1) (3d ed.1977) ]. See also Clontz v. State, 531 So.2d 60, 61 (Ala.Cr.App.1988) (wherein a probation officer was allowed to testify that he first became aware the defendant was not at his address through a telephone call from the appellant's mother, because “the testimony was not introduced as proof of the matter asserted, but rather as the motive behind the probation officer's beginning his investigation”); Molina v. State, 533 So.2d 701, 714 (Ala.Cr.App.1988), cert. denied, 489 U.S. 1086, 109 S.Ct. 1547, 103 L.Ed.2d 851 (1989)

  5. Jackson v. State

    169 So. 3d 1 (Ala. Crim. App. 2010)   Cited 23 times
    Holding that a jury is not required to complete a special verdict form to indicate which aggravating circumstances it found to exist

    [C. Gamble, McElroy's Alabama Evidence § 242.01(1) (3d ed. 1977) ]. See also Clontz v. State, 531 So.2d 60, 61 (Ala.Cr.App.1988) (wherein a probation officer was allowed to testify that he first became aware the defendant was not at his address through a telephone call from the appellant's mother, because “the testimony was not introduced as proof of the matter asserted, but rather as the motive behind the probation officer's beginning his investigation”); Molina v. State, 533 So.2d 701, 714 (Ala.Cr.App.1988), cert. denied, 489 U.S. 1086, 109 S.Ct. 1547, 103 L.Ed.2d 851 (1989) (wherein a police officer was allowed to testify to information concerning a vehicle suspected to be involved in drug activity, received through a radio dispatch, because it was not offered to prove the truth of the contents of the dispatch, but “to explain the reason he pursued and subsequently stopped the defendant”); Petite v. State, 520 So.2d 207, 211 (Ala.Cr.App.1987) (a radio broadcast, stating that a burglary was in progress, was not hearsay as it was not introduced to prove the truth of the matter asserted, “but rather for the pur

  6. Lee v. State

    44 So. 3d 1145 (Ala. Crim. App. 2010)   Cited 118 times
    Holding that the petitioner failed to prove prejudice under Strickland because the evidence of his guilt was overwhelming

    Pannell v. State, Ala.Crim.App., 356 So.2d 219, cert. denied, 356 So.2d 222 ([Ala.] 1977)." ' " Clontz v. State, 531 So.2d 60, 61-62 (Ala.Crim.App. 1988) (emphasis added). See also Judicial Inquiry Commission Advisory Opinion 84-219 (Aug. 27, 1984) ('[I]t is the opinion of the [Judicial Inquiry] Commission that the mere fact that a party to a proceeding is represented by the defeated opponent of the judge for judicial office does not require the judge's disqualification.'); Advisory Opinion 98-694 (May 15, 1998); Advisory Opinion 98-716 (Dec. 18, 1998); and Advisory Opinion 04-838 (April 8, 2004)."

  7. Johnson v. State

    No. CR-99-1349 (Ala. Crim. App. Oct. 2, 2009)

    "'"[M]any statements have been admitted as exceptions to the hearsay rule upon the rationale that such statements were admitted for some purpose other than to prove the truth of the statements." [C. Gamble, McElroy's Alabama Evidence § 242.01(1) (3d ed. 1977)]. See also Clontz v. State, 531 So. 2d 60, 61 (Ala.Cr.App. 1988) (wherein a probation officer was allowed to testify that he first became aware the defendant was not at his address through a telephone call from the appellant's mother, because "the testimony was not introduced as proof of the matter asserted, but rather as the motive behind the probation officer's beginning his investigation"); Molina v. State, 533 So. 2d 701, 714 (Ala.Cr.App. 1988), cert. denied, 489 U.S. 1086, 109 S.Ct. 1547, 103 L.Ed.2d 851 (1989) (wherein a police officer was allowed to testify to information concerning a vehicle suspected to be involved in drug activity, received through a radio dispatch, because it was not offered to prove the truth of the contents of the dispatch, but "to explain the reason he pursued and subsequently stopped the defendant"); Petite v. State, 520 So. 2d 207, 211 (Ala.Cr.App. 1987) (a radio broadcast, stating that a burglary was in progress, was not hearsay as it was not introduced to prove the truth of the matter asserted, "but rather fo

  8. Grayson v. State

    824 So. 2d 804 (Ala. Crim. App. 1999)   Cited 39 times
    Holding that defendant kidnapped hitchhiker even though victim voluntarily entered defendant's car

    "'[M]any statements have been admitted as exceptions to the hearsay rule upon the rationale that such statements were admitted for some purpose other than to prove the truth of the statements.' Id. See also Clontz v. State, 531 So.2d 60, 61 (Ala.Cr.App. 1988) (wherein a probation officer was allowed to testify that he first became aware the defendant was not at his address through a telephone call from the appellant's mother, because 'the testimony was not introduced as proof of the matter asserted, but rather as the motive behind the probation officer's beginning his investigation'); Molina v. State, 533 So.2d 701, 714 (Ala.Cr.App. 1988), cert. denied, 489 U.S. 1086, 109 S.Ct. 1547, 103 L.Ed.2d 851 (1989) (wherein a police officer was allowed to testify to information concerning a vehicle suspected to be involved in drug activity, received through a radio dispatch, because it was not offered to prove the truth of the contents of the dispatch, but 'to explain the reason he pursued and subsequently stopped the defendant'); Petite v. State, 520 So.2d 207, 211 (Ala.Cr.App. 1987) (a radio broadcast, stating that a burglary was in progress, was not hearsay as it was not introduced to prove the truth of the matter asserted, 'but rather for the

  9. Pierce v. State

    576 So. 2d 236 (Ala. Crim. App. 1990)   Cited 55 times
    In Pierce, we concluded that "Sheriff Whittle was in fact a key witness for the State," 851 So.2d at 610, and found "undisputed evidence indicating [Sheriff Whittle] had close and continual contact with the jury," 851 So.2d at 612, in violation of Turner v. Louisiana, 379 U.S. 466 (1965).

    Thus, Ward's testimony was not hearsay and there was no error in the admission of this testimony. Clontz v. State, 531 So.2d 60 (Ala.Crim.App. 1988); Brannon v. State, 549 So.2d 532 (Ala.Crim.App.), cert. denied (Ala. 1989). Furthermore, even if we had determined that Ward's testimony was hearsay, and thus should have been excluded, we fail to see how the appellant was prejudiced by this evidence since several witnesses testified to the same evidence.

  10. Wilson v. State

    571 So. 2d 1237 (Ala. Crim. App. 1989)   Cited 14 times

    Id. See also Clontz v. State, 531 So.2d 60, 61 (Ala.Cr.App. 1988) (wherein a probation officer was allowed to testify that he first became aware the defendant was not at his address through a telephone call from the appellant's mother, because "the testimony was not introduced as proof of the matter asserted, but rather as the motive behind the probation officer's beginning his investigation"); Molina v. State, 533 So.2d 701, 714 (Ala.Cr.App. 1988) cert. denied, 489 U.S. 1086, 109 S.Ct. 1547, 103 L.Ed.2d 851 (1989) (wherein a police officer was allowed to testify to information concerning a vehicle suspected to be involved in drug activity, received through a radio dispatch, because it was not offered to prove the truth of the contents of the dispatch, but "to explain the reason he pursued and subsequently stopped the defendant"); Petite v. State, 520 So.2d 207, 211 (Ala.Cr.App. 1987) (a radio broadcast, stating that a burglary was in progress, was not hearsay as it was not introduced to prove the truth of the matter asserted, "but rather for the p