Raper v. State

48 Citing cases

  1. Whatley v. State

    146 So. 3d 437 (Ala. Crim. App. 2014)   Cited 50 times
    Holding that evidence of a capital defendant's future dangerousness is admissible during the penalty phase of the trial under § 13A-5-45(d), Ala. Code 1975

    “ ‘ “A trial court has broad discretion in formulating its jury instructions, providing those instructions accurately reflect the law and the facts of the case. Raper v. State, 584 So.2d 544 (Ala.Cr.App.1991). We do not review a jury instruction in isolation, but must consider the instruction as a whole, Stewart v. State, 601 So.2d 491 (Ala.Cr.App.1992), aff'd in relevant part, 659 So.2d 122 (Ala.1993), and we must evaluate instructions like a reasonable juror may have interpreted them.

  2. Phillips v. State

    287 So. 3d 1063 (Ala. Crim. App. 2015)   Cited 14 times
    Noting that the trial court was not required to reference nonstatutory mitigating evidence in its sentencing order and "was not required to ‘find’ this evidence to be mitigating" but, rather, "was required only to ‘consider’ the evidence"

    " ‘ " ‘A trial court has broad discretion in formulating its jury instructions, providing those instructions accurately reflect the law and the facts of the case. Raper v. State, 584 So. 2d 544 (Ala. Cr. App. 1991). We do not review a jury instruction in isolation, but must consider the instruction as a whole, Stewart v. State, 601 So. 2d 491 (Ala. Cr. App. 1992), aff'd in relevant part, 659 So. 2d 122 (Ala. 1993), and we must evaluate instructions like a reasonable juror may have interpreted them.

  3. Griffin v. State

    790 So. 2d 267 (Ala. Crim. App. 2000)   Cited 46 times

    "A trial court has broad discretion in formulating its jury instructions, providing those instructions accurately reflect the law and the facts of the case. Raper v. State, 584 So.2d 544 (Ala.Cr.App. 1991). We do not review a jury instruction in isolation, but must consider the instruction as a whole, Steward v. State, 601 So.2d 491 (Ala.Cr.App. 1992), aff'd in relevant part, 659 So.2d 122 (Ala. 1993), and we must evaluate instructions like a reasonable juror may have interpreted them.

  4. Krupp Oil Co., Inc. v. Yeargan

    665 So. 2d 920 (Ala. 1995)   Cited 7 times
    Addressing a general-reference ordinance and distinguishing a specific-reference ordinance, which incorporates an earlier state statute by specific and descriptive reference

    This list is not meant to be exhaustive, but it indicates the kind of evidence that supports certain elements of criminal charges involving intoxication. See Striplin v. City of Dothan, 607 So.2d 1280 (Ala.Cr.App. 1991), rev'd on other grounds sub nom. Ex parte City of Dothan, 607 So.2d 1283 (Ala. 1992) (evidence held sufficient to support conviction of public intoxication where police officer observed that defendant was unsteady on her feet, that her speech was slurred, and that she was belligerent in her conduct toward the store attendant when asked to leave); Hargrove v. City of Rainbow City, 619 So.2d 944 (Ala.Cr.App. 1993) (police officer testified that he smelled alcohol on the defendant's breath, that the defendant's eyes were glassy, and that his speech was confused); Raper v.State, 584 So.2d 544 (Ala.Cr.App. 1991) (conviction of DUI supported by sufficient evidence where the defendant's eyes were glassy, his speech was slurred, and he had trouble determining where he was when asked by police officer who had known the defendant for 10 years). Since 1909, with one brief exception, it has been the law of this State that one could not sell alcohol to visibly intoxicated persons.

  5. City of Huntsville v. Fearn

    No. CR-2023-0353 (Ala. Crim. App. Mar. 22, 2024)

    See Thomas, 200 So.3d at 42 (holding that a Uniform Traffic Ticket and Complaint was not defective even though it did not cite a specific section of the Alabama Code that had been violated), see also Whitt v. State, 827 So.2d 869, 877 (Ala.Crim.App.2001) ("'"Where an indictment contains language which conveys the meaning of a statute, see § 15-8-21, Code of Alabama (1975), the violation of a code section may be satisfactorily charged despite the failure to cite the statute."' Raper v. State, 584 So.2d 544, 548 (Ala.Crim.App.1991) (quoting Carroll v. City of Huntsville, 505 So.2d 389, 391 (Ala.Crim.App.1987)).").

  6. Young v. State

    375 So. 3d 813 (Ala. Crim. App. 2022)   Cited 3 times

    "‘A trial court has broad discretion in formulating its jury instructions, providing those instructions accurately reflect the law and the facts of the case. Raper v. State, 584 So. 2d 544 (Ala. Cr[im]. App. 1991). We do not review a jury instruction in isolation, but must consider the instruction as a whole, Stewart v. State, 601 So. 2d 491 (Ala. Cr[im]. App. 1992), aff’d in relevant part, 659 So. 2d 122 (Ala. 1993), and we must evaluate instructions like a reasonable juror may have interpreted them.

  7. Young v. State

    No. CR-17-0595 (Ala. Crim. App. Aug. 6, 2021)   Cited 3 times

    " 'A trial court has broad discretion in formulating its jury instructions, providing those instructions accurately reflect the law and the facts of the case. Raper v. State, 584 So.2d 544 (Ala. Cr[im]. App. 1991). We do not review a jury instruction in isolation, but must consider the instruction as a whole, Stewart v. State, 601 So.2d 491 (Ala. Cr[im]. App. 1992), aff'd in relevant part, 659 So.2d 122 (Ala. 1993), and we must evaluate instructions like a reasonable juror may have interpreted them.

  8. Capote v. State

    323 So. 3d 104 (Ala. Crim. App. 2020)   Cited 16 times
    In Capote, Peter Capote, Young’s codefendant, argued that the circuit court erred in admitting Bates’s and Hammonds’s testimony that Capote was the shooter in the video from the Spring Creek Apartments and Det. Holland’s testimony that Hammonds had identified Capote from the video.

    "A trial court has broad discretion in formulating its jury instructions, providing those instructions accurately reflect the law and the facts of the case. Raper v. State, 584 So. 2d 544 (Ala. Cr. App. 1991). We do not review a jury instruction in isolation, but must consider the instruction as a whole, Stewart v. State, 601 So. 2d 491 (Ala. Cr. App. 1992), aff'd in relevant part, 659 So. 2d 122 (Ala. 1993), and we must evaluate instructions like a reasonable juror may have interpreted them.

  9. State v. Martin

    287 So. 3d 355 (Ala. Crim. App. 2017)   Cited 4 times

    "Whether a trial court's denial of a motion to dismiss an indictment was error is reviewed under an abuse-of-discretion standard of review. See Raper v. State, 584 So.2d 544 (Ala. Crim. App. 1991)." Hunter v. State, 867 So.2d 361, 362 (Ala. Crim. App. 2003). "

  10. Henderson v. State

    248 So. 3d 992 (Ala. Crim. App. 2017)   Cited 27 times
    Reviewing for plain error a claim that did not comply with Rule 28

    " ‘A trial court has broad discretion in formulating its jury instructions, providing those instructions accurately reflect the law and the facts of the case.’ Ingram v. State, 779 So.2d 1225 (Ala. Crim. App. 1999) (citing Raper v. State, 584 So.2d 544 (Ala. Crim. App. 1991) ). " ‘ "In setting out the standard for plain error review of jury instructions, the court in United States v. Chandler, 996 F.2d 1073, 1085, 1097 (11th Cir. 1993), cited Boyde v. California, 494 U.S. 370, 380 (1990), for the proposition that ‘an error occurs only when there is a reasonable likelihood that the jury applied the instruction in an improper manner.’ Williams v. State, 710 So.2d 1276, 1306 (Ala. Crim. App. 1996), aff'd, 710 So.2d 1350 (Ala. 1997)."