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Gaines v. State

52 Ala. App. 29 (Ala. Crim. App. 1973)
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Gaines v. State

14 Citing cases

  1. White v. State

    294 Ala. 265 (Ala. 1975)   Cited 131 times
    Indicating that the main purpose of an arraignment is to notify the defendant of the charges against him, by reading or explaining the indictment in open court

    Boyd v. State, 41 Ala. App. 507, 138 So.2d 60; Fernandez v. State, 7 Ala. 511; Knight v. State, 147 Ala. 104, 41 So. 911. Absent a statute requiring testimony before a grand jury be recorded and transcribed the general law does not require such testimony to be recorded. Gaines v. State, 52 Ala. App. 29, 288 So.2d 810; Sparks v. State, 46 Ala. App. 357, 242 So.2d 403; United States v. Lethe (1970), D.C., 312 F. Supp. 421; 38 C.J.S. Grand Juries § 44, p. 1064. In murder prosecution, expert in ballistics was properly permitted to give his opinion that when deceased was shot in the head with a. 22 calibre rifle, he was knocked backward and fell backward on bed. Gipson v. State, 262 Ala. 229, 78 So.2d 293; Smith v. State, 282 Ala. 268, 210 So.2d 843. "Expert witness" is one who knows more than jury about a subject, and qualification of such witness is basically determined by the trial court although defendant has right to go into qualifications before Court rules.

  2. Gaines v. State

    292 Ala. 720 (Ala. 1974)   Cited 9 times

    FAULKNER Justice. Petition of Samuel L. Gaines for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Gaines v. State, 52 Ala. App. 29, 288 So.2d 810. Writ denied.

  3. Petric v. State

    157 So. 3d 176 (Ala. Crim. App. 2014)

    Sommerville v. State, 361 So.2d 386, 388 (Ala.Cr.App.), cert. denied, 361 So.2d 389 (Ala.1978), cert. denied, 439 U.S. 1118, 99 S.Ct. 1027, 59 L.Ed.2d 78 (1979). See also Gaines v. State, 52 Ala.App. 29, 30, 288 So.2d 810, 812, cert. denied, 292 Ala. 720, 288 So.2d 813 (1973), cert. denied, 419 U.S. 851, 95 S.Ct. 92, 42 L.Ed.2d 82 (1974). Because there was no legal requirement that the grand jury proceedings be recorded, this contention is without merit.’

  4. Stanley v. State

    143 So. 3d 230 (Ala. Crim. App. 2013)   Cited 36 times
    Holding that there was no error in the admission of the victim’s daughter’s testimony because the testimony did not describe the impact of the victim’s death on the daughter and because the testimony tended "to explain the events" relevant to the victim’s murder

    ” Sommerville v. State, 361 So.2d 386, 388 (Ala.Cr.App.), cert. denied, 361 So.2d 389 (Ala.1978), cert. denied, 439 U.S. 1118, 99 S.Ct. 1027, 59 L.Ed.2d 78 (1979). See also Gaines v. State, 52 Ala.App. 29, 30, 288 So.2d 810, 812, cert. denied, 292 Ala. 720, 288 So.2d 813 (1973), cert. denied, 419 U.S. 851, 95 S.Ct. 92, 42 L.Ed.2d 82 (1974). Because there was no legal requirement that the grand jury proceedings be recorded, this contention is without merit.

  5. Petric v. State

    157 So. 3d 176 (Ala. Crim. App. 2013)   Cited 18 times
    Setting forth a detailed discussion of the applicability of the Confrontation Clause during capital sentencing and expressing doubt that the defendant has a right to confrontation during capital sentencing

    Sommerville v. State, 361 So.2d 386, 388 (Ala.Cr.App.), cert. denied, 361 So.2d 389 (Ala.1978), cert. denied, 439 U.S. 1118, 99 S.Ct. 1027, 59 L.Ed.2d 78 (1979). See also Gaines v. State, 52 Ala.App. 29, 30, 288 So.2d 810, 812, cert. denied, 292 Ala. 720, 288 So.2d 813 (1973), cert. denied, 419 U.S. 851, 95 S.Ct. 92, 42 L.Ed.2d 82 (1974). Because there was no legal requirement that the grand jury proceedings be recorded, this contention is without merit.’

  6. Stanley v. State

    No. CR-06-2236 (Ala. Crim. App. Apr. 29, 2011)   1 Legal Analyses

    " Sommerville v. State, 361 So. 2d 386, 388 (Ala. Cr. App.), cert. denied, 361 So. 2d 389 (Ala. 1978), cert. denied, 439 U.S. 1118, 99 S. Ct. 1027, 59 L. Ed. 2d 78 (1979). See also Gaines v. State, 52 Ala. App. 29, 30, 288 So. 2d 810, 812, cert. denied, 292 Ala. 720, 288 So. 2d 813 (1973), cert. denied, 419 U.S. 851, 95 S. Ct. 92, 42 L. Ed. 2d 82 (1974). Because there was no legal requirement that the grand jury proceedings be recorded, this contention is without merit.

  7. Billups v. State

    86 So. 3d 1032 (Ala. Crim. App. 2009)   Cited 14 times
    Stating that ‘[p]resenting the jury with such a far-reaching “limiting” instruction carries with it the same problems as providing the jury with no specific purpose for considering the other crimes, wrongs, or acts evidence’ and that, ‘[b]y simply reciting the complete “laundry list” of permissible theories under Rule 404(b), the trial court's instruction in this case gave the jury inadequate guidance’

    ’ Sommerville v. State, 361 So.2d 386, 388 (Ala.Cr.App.), cert. denied, 361 So.2d 389 (Ala.1978), cert. denied, 439 U.S. 1118, 99 S.Ct. 1027, 59 L.Ed.2d 78 (1979). See also Gaines v. State, 52 Ala.App. 29, 30, 288 So.2d 810, 812, cert. denied, 292 Ala. 720, 288 So.2d 813 (1973), cert. denied, 419 U.S. 851, 95 S.Ct. 92, 42 L.Ed.2d 82 (1974). Because there was no legal requirement that the grand jury proceedings be recorded, this contention is without merit.

  8. Blackmon v. State

    7 So. 3d 397 (Ala. Crim. App. 2008)   Cited 76 times
    Holding that defendant's claim that the community was saturated with pretrial publicity failed where "[o]nly a handful" of the prospective jurors had heard about the case

    " Sommerville v. State, 361 So.2d 386, 388 (Ala.Cr.App.), cert. denied, 361 So.2d 389 (Ala. 1978), cert. denied, 439 U.S. 1118, 99 S.Ct. 1027, 59 L.Ed.2d 78 (1979). See also Gaines v. State, 52 Ala.App. 29, 30, 288 So.2d 810, 812, cert. denied, 292 Ala. 720, 288 So.2d 813 (1973), cert. denied, 419 U.S. 851, 95 S.Ct. 92, 42 L.Ed.2d 82 (1974). Because there was no legal requirement that the grand jury proceedings be recorded, this contention is without merit.

  9. Sneed v. State

    1 So. 3d 104 (Ala. Crim. App. 2008)   Cited 67 times
    Holding that defendant was responsible for manner in which codefendant murdered the victim so that heinous, atrocious, or cruel aggravating circumstance applied

    Sommerville v. State, 361 So.2d 386, 388 (Ala.Cr.App.), cert. denied, 361 So.2d 389 (Ala. 1978), cert. denied, 439 U.S. 1118, 99 S.Ct. 1027, 59 L.Ed.2d 78 (1979). See also Gaines v. State, 52 Ala.App. 29, 30, 288 So.2d 810, 812, cert. denied, 292 Ala. 720, 288 So.2d 813 (1973), cert. denied, 419 U.S. 851, 95 S.Ct. 92, 42 L.Ed.2d 82 (1974). Because there was no legal requirement that the grand jury proceedings be recorded, this contention is without merit."

  10. Stallworth v. State

    868 So. 2d 1128 (Ala. Crim. App. 2003)   Cited 126 times
    Holding that a sentencing order that stated that "[t]he Court finds that the capital offense was especially heinous, atrocious, or cruel compared to other capital offense, on constitutional grounds, in that the defendant cut, stabbed and slashed the victim numerous times causing her death" was not sufficient to comply with § 13A–5–47(d) and Ex parte Kyzer, 399 So.2d 330 (Ala.1981), abrogated on other grounds by Ex parte Stephens, 982 So.2d 1148 (Ala.2006)

    Sommerville v. State, 361 So.2d 386, 388 (Ala.Cr.App.), cert. denied, 361 So.2d 389 (Ala. 1978), cert. denied, 439 U.S. 1118, 99 S.Ct. 1027, 59 L.Ed.2d 78 (1979). See also Gaines v. State, 52 Ala. App. 29, 30, 288 So.2d 810, 812, cert. denied, 292 Ala. 720, 288 So.2d 813 (1973), cert. denied, 419 U.S. 851, 95 S.Ct. 92, 42 L.Ed.2d 82 (1974). Because there was no legal requirement that the grand jury proceedings be recorded, this contention is without merit."