Pettaway v. State

12 Citing cases

  1. Morris v. Estes

    5:11-cv-01129-SLB-JEO (N.D. Ala. Mar. 28, 2014)

    See also Moseley v. State, 357 So. 2d 390 (Ala. Crim. App. 1978); Summers v. State, 348 So. 2d 1126 (Ala. Crim. App.), cert. denied, 348 So. 2d 1136 (Ala. 1977).' Pettaway v. State, 494 So. 2d 884, 886 (Ala. Crim. App. 1986).Connell v. State, 7 So. 3d 1068, 1085-86 (Ala. Crim. App. 2008) (quoting Rowell v. State, 570 So. 2d 848, 852 (Ala. Crim. App. 1990).

  2. Ex Parte Windsor

    683 So. 2d 1042 (Ala. 1996)   Cited 107 times
    Holding that the trial court properly failed to instruct the jury on voluntary intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time of the offense, although there was evidence that the appellant had been drinking beer on the day of the offense, where there was no evidence concerning the quantity of beer he had consumed.

    See also Moseley v. State, 357 So.2d 390 (Ala.Cr.App. 1978); Summers v. State, 348 So.2d 1126 (Ala.Cr.App.), cert. denied, 348 So.2d 1136 (Ala. 1977)." Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence "was intimately connected with the same transaction which is the basis of the State's case. . . . The decision whether to allow or not to allow evidence of collateral crimes or acts as part of the State's case-in-chief rests within the sound discretion of the trial judge."

  3. Scheuing v. State

    161 So. 3d 245 (Ala. Crim. App. 2013)   Cited 13 times
    Finding no prejudice because that there was no evidence to support appellant's assertion that he suffered from anxiety and emotional stress

    See also Moseley v. State, 357 So.2d 390 (Ala.Crim.App.1978); Summers v. State, 348 So.2d 1126 (Ala.Crim.App.), cert. denied, 348 So.2d 1136 (Ala.1977).” Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App.1986). In the present case, this evidence “was intimately connected with the same transaction which is the basis of the State's case.... The decision whether to allow or not to allow evidence of collateral crimes or acts as part of the State's case-in-chief rests within the sound discretion of the trial judge.”

  4. Connell v. State

    7 So. 3d 1068 (Ala. Crim. App. 2008)   Cited 14 times

    Miller v. State, 405 So.2d 41 (Ala.Crim.App. 1981). See also Moseley v. State, 357 So.2d 390 (Ala.Crim.App. 1978); Summers v. State, 348 So.2d 1126 (Ala.Crim.App.), cert. denied, 348 So.2d 1136 (Ala. 1977).' Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence `was intimately connected with the same transaction which is the basis of the State's case. . . . The decision whether to allow or not to allow evidence of collateral crimes or acts as part of the State's case-in-chief rests within the sound discretion of the trial judge.

  5. McGowan v. State

    990 So. 2d 931 (Ala. Crim. App. 2008)   Cited 66 times
    Finding that the argument that ‘double-counting fail to narrow the class of cases eligible for the death penalty’ has ‘been repeatedly rejected’ and citing Lee v. State, 898 So. 2d 790, 871–72 (Ala. Crim. App. 2003) ; Smith v. State, 838 So. 2d 413, 469 (Ala. Crim. App.), cert. denied, 537 U.S. 1090, 123 S.Ct. 695, 154 L.Ed.2d 635 ; Broadnax v. State, 825 So. 2d 134, 208–09 (Ala. Crim. App. 2000), aff'd, 825 So. 2d 233 (Ala. 2001), cert. denied, 536 U.S. 964, 122 S.Ct. 2675, 153 L.Ed.2d 847 ; Ferguson v. State, 814 So. 2d 925, 956–57 (Ala. Crim. App. 2000), aff'd, 814 So. 2d 970 (Ala. 2001), cert. denied, 535 U.S. 907, 122 S.Ct. 1208, 152 L.Ed.2d 145 ; Taylor [v. State], 808 So. 2d at 1199 [ (Ala. Crim. App. 2000) ], aff'd, 808 So. 2d 1215 (Ala. 2001) ; Jackson v. State, 836 So. 2d 915, 958–59 (Ala. Crim. App. 1999), remanded on other grounds, 836 So. 2d 973 (Ala. 2001), aff'd, 836 So. 2d 979 (Ala. 2002) ; and Maples v. State, 758 So. 2d 1, 70–71 (Ala. Crim. App. 1999), aff'd, 758 So. 2d 81 (Ala. 1999)

    See also Moseley v. State, 357 So.2d 390 (Ala.Cr.App. 1978); Summers v. State, 348 So.2d 1126 (Ala.Cr.App.), cert. denied, 348 So.2d 1136 (Ala. 1977).' Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence 'was intimately connected with the same transaction which is the basis of the State's case.

  6. Smith v. State

    No. CR-97-1258 (Ala. Crim. App. Dec. 22, 2000)   Cited 1 times

    See also Moseley v. State, 357 So.2d 390 (Ala.Crim.App. 1978); Summers v. State, 348 So.2d 1126 (Ala.Crim.App.), cert. denied, 348 So.2d 1136 (Ala. 1977)." Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence "was intimately connected with the same transaction which is the basis of the State's case.

  7. Perkins v. State

    808 So. 2d 1041 (Ala. Crim. App. 1999)   Cited 129 times
    Concluding that use of MMPI did not violate Fifth Amendment rights of defendant who put mental health at issue

    See also Moseley v. State, 357 So.2d 390 (Ala.Crim.App. 1978); Summers v. State, 348 So.2d 1126 (Ala.Crim.App.), cert. denied, 348 So.2d 1136 (Ala. 1977)." Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence "was intimately connected with the same transaction which is the basis of the State's case. . . . The decision whether to allow or not to allow evidence of collateral crimes or acts as part of the State's case-in-chief rests within the sound discretion of the trial judge."

  8. Davis v. State

    740 So. 2d 1115 (Ala. Crim. App. 1998)   Cited 69 times
    Recognizing that a defendant's attempt to hide his involvement in the crime is inconsistent with a level of intoxication sufficient to make the defendant unable to appreciate the criminality of his conduct

    See also Moseley v. State, 357 So.2d 390 (Ala.Crim.App. 1978); Summers v. State, 348 So.2d 1126 (Ala.Crim.App.), cert. denied, 348 So.2d 1136 (Ala. 1977).' Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence 'was intimately connected with the same transaction which is the basis of the State's case.

  9. Williams v. State

    710 So. 2d 1276 (Ala. Crim. App. 1996)   Cited 253 times
    Holding that the 1988 change in the definition of insanity, eliminating the volitional prong from the statute, did not render it constitutionally inadequate

    See also Moseley v. State, 357 So.2d 390 (Ala.Crim.App. 1978); Summers v. State, 348 So.2d 1126 (Ala.Crim.App.), cert. denied, 348 So.2d 1136 (Ala. 1977).' Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence 'was intimately connected with the same transaction which is the basis of the State's case. . . . The decision whether to allow or not to allow evidence of collateral crimes or acts as part of the State's case-in-chief rests within the sound discretion of the trial judge.'

  10. Windsor v. State

    683 So. 2d 1027 (Ala. Crim. App. 1994)   Cited 69 times
    Pointing out that Windsor possessed "a .25 automatic pistol that had belonged to Mr. Pepper" on day of arrest

    See also Moseley v. State, 357 So.2d 390 (Ala.Crim.App. 1978); Summers v. State, 348 So.2d 1126 (Ala.Crim.App.), cert. denied, 348 So.2d 1136 (Ala. 1977).' Pettaway v. State, 494 So.2d 884, 886 (Ala.Cr.App. 1986). In the present case, this evidence 'was intimately connected with the same transaction which is the basis of the State's case. . . . The decision whether to allow or not to allow evidence of collateral crimes or acts as part of the State's case-in-chief rests within the sound discretion of the trial judge.'