Simpson v. State

12 Citing cases

  1. Ex Parte Neelley

    494 So. 2d 697 (Ala. 1986)   Cited 57 times
    In Ex parte Neelley, 494 So.2d 697, 699 (Ala. 1986), cert. denied, 480 U.S. 926 (1987), the Alabama Supreme Court, applying the holding in Moran v. Burbine, held that "neither petitioner's Fifth nor Sixth Amendment rights were violated by the failure of the interrogating authorities (who had given petitioner the Miranda warnings) to inform her of the presence of an attorney who had been sent at the request of a third party."

    Moreover, the preponderance of the evidence adduced supports the trial court's finding that the confession was voluntarily made. Simpson v. State, 401 So.2d 263 (Ala.Crim.App.), cert. denied, 401 So.2d 265 (Ala. 1981). III.

  2. Ex Parte Simpson

    401 So. 2d 265 (Ala. 1981)   Cited 11 times

    July 31, 1981. Certiorari to the Court of Criminal Appeals, 401 So.2d 263. ALMON, Justice.

  3. Marshall v. State

    598 So. 2d 14 (Ala. Crim. App. 1992)   Cited 54 times
    In Marshall v. State, 598 So.2d 14 (Ala. Cr. App. 1991), this court held that it was not error for a trial court to deny challenges for cause of two jurors who stated that they knew the victim or her family.

    However, there was ample evidence presented by the victim that it was indeed the appellant that raped, robbed, and sodomized her. Testimony of the victim alone is sufficient to establish a prima facie case. Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981). Therefore, there was no error in the trial court's denial of the appellant's motion for judgment of acquittal based on the sufficiency of the evidence.

  4. Barnes v. State

    580 So. 2d 77 (Ala. Crim. App. 1991)   Cited 2 times

    This court has held that the testimony of the victim alone is sufficient to establish a prima facie case. Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981); McMillian v. State, 448 So.2d 463 (Ala.Cr.App. 1984); Nguyen v. State, 547 So.2d 582 (Ala.Cr.App. 1988). In this cause the evidence raised questions of fact for the jury, and that evidence, if believed, was sufficient to sustain the conviction; therefore, the denial of the motion to dismiss did not constitute error.

  5. Watkins v. State

    565 So. 2d 1227 (Ala. Crim. App. 1990)   Cited 27 times
    Holding that the testimony of the victim alone is sufficient to establish a prima facie case of robbery in the first degree

    The testimony of the victim alone was sufficient to establish a prima facie case of robbery. Thompson v. State, 525 So.2d 816 (Ala.Cr.App. 1984), aff'd, 525 So.2d 820 (Ala. 1985), cert. denied, 488 U.S. 834, 109 S.Ct. 94, 102 L.Ed.2d 70 (1988); Simpson v. State, 401 So.2d 263 (Ala.Cr.App. 1981), cert. denied, 401 So.2d 265 (Ala. 1981). Moreover, it is not the province of this court to reweigh the evidence.

  6. Sanderson v. State

    541 So. 2d 589 (Ala. Crim. App. 1989)

    Elliott v. State, 338 So.2d 483, 487 (Ala.Crim.App. 1976) (citations omitted). See also, Griffin v. State, 500 So.2d 83 (Ala.Crim.App. 1986); Williams, 456 So.2d 852; Simpson v. State, 401 So.2d 263 (Ala.Crim.App. 1981), cert. denied, 401 So.2d 265 (Ala. 1981). In the case at bar, the trial judge ruled that the appellant's confession was voluntary and we will not disturb this ruling on appeal. The trial judge had the benefit of listening to the testimony of the witnesses before making his decision and his ruling is not "manifestly contrary to the great weight of the evidence."

  7. Thompson v. State

    525 So. 2d 816 (Ala. Crim. App. 1988)   Cited 6 times

    Clearly, a prima facie case of robbery, first degree, was proven. Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981); Carter v. State, 420 So.2d 292 (Ala.Cr.App. 1982). Appellant next alleges that his sentence was unlawfully enhanced, as a result of the proof of two prior felony convictions: one for grand larceny and one for buying, receiving, or concealing stolen property.

  8. Argo v. State

    489 So. 2d 631 (Ala. Crim. App. 1986)

    Where the trial judge finds on conflicting evidence that the confession was voluntarily made, its finding will not be disturbed on appeal unless found to be palpably contrary to the weight of the evidence. A voluntariness predicate laid by the State is sufficient to establish prima facie that a confession was voluntarily made. Myers v. State, 401 So.2d 288 (Ala.Cr.App. 1981); Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981); and cases cited therein."

  9. Isbell v. State

    428 So. 2d 215 (Ala. Crim. App. 1983)   Cited 7 times
    In Isbell v. State, 428 So.2d 215, 216 (Ala.Crim.App. 1983) (citing Ala. Code ยง 20-2-23(3)(j) (1975)), the Court of Criminal Appeals of Alabama concluded that the enactment of the Therapeutic Research Act ("TRA") did not conflict with the finding that marijuana had a "`high potential for abuse'" and had "`no accepted medical use in treatment in the United States.'"

    Where the evidence is conflicting, the trial judge's finding of the voluntariness of a confession will not be disturbed on appeal unless it is palpably contrary to the weight of the evidence. Harris v. State, 280 Ala. 468, 195 So.2d 521 (1967); Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981). Moreover, a review of the record shows that there is absolutely no evidence that any such statement was ever made to the defendant.

  10. Chandler v. State

    426 So. 2d 477 (Ala. Crim. App. 1983)   Cited 27 times

    The trial court is not required to accept the testimony of the appellant as to voluntariness where there is substantial testimony by other witnesses sufficient to establish a voluntariness predicate. Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981). Although appellant relies on Edwards, supra, as authority for reversal, the facts herein differ markedly from those in Edwards.