Upload a complaint or brief to quickly find on-point case law.
CARA A.I. uses the facts and legal issues in your document to find relevant authorities.
Drag a complaint or brief hereUpload a complaint or briefPDF documentWORD documentTXT documentOr, choose a document to uploadChoose DocumentSecure
Find on-point cases faster with CARA A.I.
§
Depth of Treatment
Newest to Oldest
Oldest to Newest
Cite Count
Ex Parte McCary

30 Citing cases

  1. Prince v. State

    584 So. 2d 889 (Ala. Crim. App. 1991)   Cited 5 times

    "Ex parte McCary, 528 So.2d 1133, 1134 (Ala. 1988). In Ex parte Johnson, 522 So.2d 234 (Ala. 1988), the Alabama Supreme Court addressed a situation in which a defendant was told during an interview by a Tennessee state trooper, that he was being asked questions concerning his involvement in an offense which occurred in Alabama, "strictly" in order to investigate a traffic accident in Tennessee and that the defendant's responses would not be used against him in any other criminal proceeding.

  2. Ex Parte Pardue

    661 So. 2d 268 (Ala. 1995)   Cited 11 times

    Chambers v. State, 455 So.2d 1008 (Ala.Cr.App. 1984). The trial court need only be convinced from a preponderance of the evidence to find a confession to have been voluntarily made. Ex parte McCary, 528 So.2d 1133 (Ala. 1988); Ex parte Singleton; Lewis v. State."

  3. Ex Parte Matthews

    601 So. 2d 52 (Ala. 1992)   Cited 120 times
    Holding that a court must analyze the voluntariness of a confession by examining the totality of the circumstances

    ' " 551 So.2d at 1128, quoting Ex parte McCary, 528 So.2d 1133, 1135 (Ala. 1988). Matthews and the officers gave conflicting accounts concerning Matthews's motivation to make the incriminating statements.

  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

    The trial court need only be convinced from a preponderance of the evidence to find a confession to have been voluntarily made. Ex parte McCary, 528 So.2d 1133 (Ala.1988); Ex parte Singleton;Lewis v. State.”Jackson v. State, 562 So.2d 1373, 1380–81 (Ala.Crim.App.1990).

  5. Johnson v. State

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

    The trial court need only be convinced from a preponderance of the evidence to find a confession to have been voluntarily made. Ex parte McCary, 528 So. 2d 1133 (Ala. 1988); Ex parte Singleton; Lewis v. State." Jackson v. State, 562 So. 2d 1373, 1380-81 (Ala. Crim. App. 1990).

  6. Baird v. State

    849 So. 2d 223 (Ala. Crim. App. 2002)   Cited 38 times

    The trial court need only be convinced from a preponderance of the evidence to find a confession to have been voluntarily made. Ex parte McCary, 528 So.2d 1133 (Ala. 1988); Ex parte Singleton; Lewis v. State.' "Jackson v. State, 562 So.2d 1373, 1380-81 (Ala.Crim.App. 1990)."

  7. Richardson v. State

    819 So. 2d 91 (Ala. Crim. App. 2001)   Cited 8 times

    The trial court need only be convinced from a preponderance of the evidence to find a confession to have been voluntarily made. Ex parte McCary, 528 So.2d 1133 (Ala. 1988); Ex parte Singleton; Lewis v. State."

  8. Quince v. State

    721 So. 2d 245 (Ala. Crim. App. 1998)   Cited 2 times

    This court must uphold a trial court's ruling on a motion to suppress unless the ruling is clearly erroneous and palpably contrary to the great weight of the evidence. Ex parte McCary, 528 So.2d 1133 (Ala. 1988); Ex parte Singleton, 465 So.2d 443 (Ala. 1985). For the above-stated reasons, the trial court properly denied Quince's motion to suppress his confession. II.

  9. Davis v. State

    728 So. 2d 192 (Ala. Crim. App. 1997)   Cited 3 times

    "Guenther v. State, 282 Ala. 620, 623, 213 So.2d 679, 681 (1968), cert. denied, 393 U.S. 1107, 89 S.Ct. 916, 21 L.Ed.2d 803 (1969). See also Ex parte McCary, 528 So.2d 1133 (Ala. 1988). `Any implied promises, however tenuous, render a statement to police involuntary and the product of coercion.' Franklin v. State, 621 So.2d 364 (Ala.Cr.App. 1992); Wyatt v. State, 620 So.2d 77 (Ala.Cr.App. 1992).

  10. Price v. State

    725 So. 2d 1003 (Ala. Crim. App. 1997)   Cited 156 times
    In Price v. State, 725 So. 2d 1003 (Ala. Crim. App. 1997), the Alabama Court of Criminal Appeals held that "[t]he prosecutor ha[s] a right to comment on the strength of the evidence the State ha[s] presented and to draw any reasonable inferences from it."

    The trial court need only be convinced from a preponderance of the evidence to find a confession to have been voluntarily made. Ex parte McCary, 528 So.2d 1133 (Ala. 1988); Ex parte Singleton. The fundamental requirements for voluntariness are that the court must conclude, in order to find a defendant's confession voluntary, that he made an independent and informed choice of his own free will, that he possessed the capability to do so, and that his will was not overborne by pressures and circumstances swirling around him.