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J.F.B. v. State

729 So. 2d 355 (Ala. Crim. App. 1999)
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J.F.B. v. State

7 Citing cases

  1. A.P.S. v. State

    378 So. 3d 589 (Ala. Crim. App. 2022)

    [2–4] Before transferring an accused juvenile to the circuit court for prosecution as an adult, a juvenile court " ‘must determine that there is probable cause that the child committed the alleged offense.’ " D.M. v. State, 361 So. 3d 220, 222 (Ala. Crim. App. 2021) (quoting J.F.B. v. State, 729 So. 2d 355, 356 (Ala. Crim. App. 1998)). See Duncan v. State, 394 So. 2d 930, 932 (Ala. 1981) ("The finding of probable cause is an essential element of the decision to transfer.").

  2. A.P.S. v. State

    No. CR-21-0024 (Ala. Crim. App. Aug. 5, 2022)

    D.M. v. State, [Ms. CR-20-0261, Oct. 8, 2021]___So. 3d___,___(Ala.Crim.App.2021) (quoting J.F.B. v. State, 729 So.2d 355, 356 (Ala.Crim.App.1998)).

  3. D.M. v. State

    361 So. 3d 220 (Ala. Crim. App. 2021)   Cited 1 times

    See, e.g., H.A.M. v. State, 83 So. 3d 577, 581 (Ala. Crim. App. 2011). J.F.B. v. State, 729 So. 2d 355, 356 (Ala. Crim. App. 1998).

  4. J.C. v. State

    941 So. 2d 1011 (Ala. Crim. App. 2005)   Cited 1 times

    1 may apply for youthful offender status under § 15-19-1, Ala. Code 1975."J.F.B. v. State, 729 So.2d 355, 358 (Ala.Crim.App. 1998) (emphasis added). Accordingly, we find that the trial court erred in denying J.C. the right to seek youthful-offender status.

  5. Woods v. State

    789 So. 2d 896 (Ala. Crim. App. 2000)   Cited 60 times
    Holding that instruction that proof beyond reasonable doubt required the jurors to have an “abiding conviction” as to the truth of the charge correctly stated the State's burden of proof

    "Carden, 621 So.2d at 345." See also Hyde v. State, 778 So.2d 109 (Ala.Cr.App. 1998); J.F.B. v. State, 729 So.2d 355 (Ala.Cr.App. 1998); Smith v. State, 623 So.2d 369 (Ala.Cr.App. 1992), cert. denied, 510 U.S. 1030 (1993). The record reflects that the trial court complied with the law as set out in Mansel.

  6. McWhorter v. State

    781 So. 2d 257 (Ala. Crim. App. 1999)   Cited 76 times
    Discussing cases holding that no error occurred when a trial court failed to instruct the jury on lesser-included offenses where the instructions would have been inconsistent with the defense trial strategy

    " J.F.B. v. State, 729 So.2d 355 (Ala.Cr.App. 1998), quoting Goolsby v. State, 492 So.2d 635, 636 (Ala.Cr.App. 1986). There was no impropriety in the trial court's decision to deny youthful offender status to the appellant based on the facts underlying the present offense.

  7. J. W. v. State

    751 So. 2d 529 (Ala. Crim. App. 1999)   Cited 6 times

    "A determination by a juvenile court that a juvenile should be transferred to circuit court will be reversed only if it is arbitrary and capricious." J.F.B. v. State, 729 So.2d 355, 358 (Ala.Cr.App. 1998). We have already determined that the videotaped confession was voluntary and was not tainted by his previous statement, which was also voluntary.