Hampton v. State

8 Citing cases

  1. Blakley v. Johnson

    80 So. 3d 250 (Ala. Civ. App. 2010)   Cited 3 times

    ’ " ' " 727 So.2d at 874 (quoting Hampton v. State, 620 So.2d 99, 103 (Ala.Crim.App.1992), quoting in turn McDonald v. State, 340 So.2d 80, 83 (Ala.Crim.App.1976) ). The Blakleys complain that the trial judge commented, in ruling on an objection: "I don't remember it that way.

  2. Harrison v. State

    869 So. 2d 509 (Ala. Crim. App. 2002)   Cited 17 times

    "'"In 23 C.J.S., Criminal Law § 993, p. 1024, it is said, 'Generally, it is not improper comment on the evidence for the judge to explain his ruling on a matter of law, and he may refer to testimony and state its legal effect, in deciding a point raised during trial.'"' "Hampton v. State, 620 So.2d 99, 103 (Ala.Cr.App. 1992), quoting McDonald v. State, 340 So.2d 80, 83 (Ala.Cr.App.), cert. denied, 340 So.2d 84 (Ala. 1976). Here, the trial court's comment was made when overruling Bryant's objection to a portion of Crow's testimony, and was offered merely as an explanation of the court's ruling on the objection.

  3. Simmons v. State

    797 So. 2d 1134 (Ala. Crim. App. 2000)   Cited 106 times
    Holding that the PCR testing method is generally accepted by the scientific community

    In Hampton v. State, 620 So.2d 99 (Ala.Cr.App. 1992), this Court held that the trial court did not err in admitting into evidence an examining physician's opinion that the injuries of the rape victim were "consistent with . . . [f]orcible intercourse." In this case, Neer frankly conceded the limitations of his testimony.

  4. Reed v. State

    748 So. 2d 231 (Ala. Crim. App. 1999)   Cited 59 times

    In fact, the victim is allowed to testify to the ultimate issue of the case. See Hampton v. State, 620 So.2d 99 (Ala.Cr.App. 1992) (holding that conclusory expert testimony that injuries were consistent with forcible intercourse did not invade the province of the jury). See also Moss v. State, 545 So.2d 230 (Ala.Cr.App. 1989).

  5. Bryant v. State

    727 So. 2d 870 (Ala. Crim. App. 1998)   Cited 20 times
    Stating where alleged prosecutorial misconduct in telling defense witness that she was being investigated caused her to be unavailable: "We find that a mistrial would have been too drastic a remedy, given the fact that the gist of Ms. Wilson's testimony had already been established through the testimony of other witnesses."

    "`In 23 C.J.S., Criminal Law § 993, p. 1024, it is said, "Generally, it is not improper comment on the evidence for the judge to explain his ruling on a matter of law, and he may refer to testimony and state its legal effect, in deciding a point raised during trial."'"Hampton v. State, 620 So.2d 99, 103 (Ala.Cr.App. 1992), quoting McDonald v. State, 340 So.2d 80, 83 (Ala.Cr.App.), cert. denied, 340 So.2d 84 (Ala. 1976). Here, the trial court's comment was made when overruling Bryant's objection to a portion of Crow's testimony, and was offered merely as an explanation of the court's ruling on the objection.

  6. M.T. v. State

    677 So. 2d 1223 (Ala. Crim. App. 1996)   Cited 7 times

    Our review reveals "no evidence . . . that defense counsel was admonished without cause or that he was treated more severely than counsel for the state." Hampton v. State, 620 So.2d 99, 104-105 (Ala.Crim.App. 1992). Moreover, the trial court instructed the jurors to disregard the remarks between the trial court and counsel and questioned them to ensure that they could disregard the remarks, "thus ensuring that no prejudice resulted from [the] remark[s]."

  7. Langham v. State

    662 So. 2d 1201 (Ala. Crim. App. 1994)   Cited 10 times
    Holding that utility boards are subject to state ethics laws

    Therefore, assuming the appellant has a right to complain about one of the prosecutor's remarks, we find that any error was cured by the court's instructions. Hampton v. State, 620 So.2d 99, 101 (Ala.Cr.App. 1992). Cf. Covington v. State, 620 So.2d 122 (Ala.Cr.App. 1993).

  8. Bang v. State

    620 So. 2d 106 (Ala. Crim. App. 1993)   Cited 11 times
    Holding that concerns over jurors’ health problems affecting their jury service are race-neutral

    Those crimes may, under certain circumstances, constitute lesser included offenses of kidnapping. See Ex parte Pettiway, 539 So.2d 372 (Ala. 1988) (unlawful imprisonment a lesser included offense of kidnapping); Hampton v. State, 620 So.2d 99 (Ala.Cr.App. 1992) (same). See also Ex parte Staten, [Ms. 1911114, August 14, 1992] ___ So.2d ___ (Ala. 1992) (assault a lesser included offense of attempted kidnapping).