Stevens v. State

6 Citing cases

  1. Presley v. State

    587 So. 2d 1016 (Ala. Crim. App. 1990)   Cited 2 times

    Lott v. State, 456 So.2d 857, 861 (Ala.Cr.App. 1984). Accord, Reed v. State, 547 So.2d 594, 595 (Ala.Cr.App. 1988), reversed on other grounds, 547 So.2d 596 (Ala. 1989); Carlisle v. State, 533 So.2d 645, 652 (Ala.Cr.App. 1987); Stevens v. State, 506 So.2d 373, 375-76 (Ala.Cr.App. 1986); Slaughter v. State, 411 So.2d 819, 823 (Ala.Cr.App. 1981). Compare Battles v. State, 491 So.2d 1025, 1030-32 (Ala.Cr.App. 1985) (testimony could not reasonably be reconciled).

  2. Knight v. State

    300 So. 3d 76 (Ala. Crim. App. 2018)   Cited 20 times

    " ‘Counsel may argue to the jury the credibility of witnesses as long as he confines his argument to the evidence and the fair inferences to be drawn therefrom, but he may not go beyond the evidence and state as fact his personal knowledge as to the truthfulness or untruthfulness of the testimony of a witness.’" Stevens v. State, 506 So.2d 373, 375 (Ala. Cr. App. 1986) (quoting McGhee v. State, 41 Ala. App. 669, 671, 149 So.2d 1, 3 (1962), aff'd, 274 Ala. 373, 149 So.2d 5 (1963) )." Murry, 562 So.2d at 1353.

  3. Smith v. State

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

    Price v. State, 725 So.2d 1003, 1029 (Ala.Crim.App. 1997), aff'd, 725 So.2d 1063 (Ala. 1998). The prosecutor's comment regarding the chief deputy was within the scope and limit of argument (although the better practice would have been to avoid referring to Maxwell as "your Chief Assistant District Attorney"). See, e.g., Stevens v. State, 506 So.2d 373 (Ala.Crim.App. 1987) (the comment that the jury should find the defendant not guilty if the undercover agent, who had been employed with the State in this capacity and had "gone" to court for over nine years, lied in his testimony was a legitimate and reasonable inference from the evidence). The prosecutor was legitimately arguing to the jury the effect of Maxwell's testimony.

  4. W.L.L. v. State

    649 So. 2d 1335 (Ala. Crim. App. 1994)   Cited 10 times
    Rejecting the argument that under Vaughn the appellant's failure to raise the issue of the sufficiency of the evidence before the trial court does not bar appellate review and holding that because the trial court did not make any written findings of fact, Vaughn did not apply

    ' Lott v. State, 456 So.2d 857, 861 (Ala.Cr.App. 1984). Accord, Reed v. State, 547 So.2d 594, 595 (Ala.Cr.App. 1988), reversed on other grounds, 547 So.2d 596 (Ala. 1989); Carlisle v. State, 533 So.2d 645, 652 (Ala.Cr.App. 1987); Stevens v. State, 506 So.2d 373, 375-76 (Ala.Cr.App. 1986); Slaughter v. State, 411 So.2d 819, 823 (Ala.Cr.App. 1981). Compare Battles v. State, 491 So.2d 1025, 1030-32 (Ala.Cr.App. 1985) (testimony could not reasonably be reconciled)."

  5. Murry v. State

    562 So. 2d 1348 (Ala. Crim. App. 1990)   Cited 29 times
    Holding that when a remand for resentencing is "technically based" and is ordered solely to correct a technical error in the sentencing order a sentencing hearing is not required

    "Counsel may argue to the jury the credibility of witnesses as long as he confines his argument to the evidence and the fair inferences to be drawn therefrom, but he may not go beyond the evidence and state as fact his personal knowledge as to the truthfulness or untruthfulness of the testimony of a witness."Stevens v. State, 506 So.2d 373, 375 (Ala.Cr.App. 1986) ( quoting McGhee v. State, 41 Ala. App. 669, 671, 149 So.2d 1, 3 (1962), aff'd, 274 Ala. 373, 149 So.2d 5 (1963)). However, defense counsel, at no time, offered any objection to the prosecutor's comment, requested any cautionary instructions, or moved for a mistrial.

  6. Martin v. State

    554 A.2d 429 (Md. Ct. Spec. App. 1989)   Cited 7 times
    In Martin v. State, 78 Md. App. 541, 554 A.2d 429, (1989), we ruled that a property room custodian who, after the chemical analysis had been completed, handed a sealed package of controlled dangerous substance to a courier is not considered to have had custody of the controlled dangerous substance within the meaning of § 10-1002.

    The court further stated that any gap in the chain would affect only the weight of the evidence rather than its admissibility. See also State v. Ourso, 502 So.2d 246 (La. App. 3 Cir. 1987), cert. denied, 505 So.2d 1138 (1987) (chain of custody established where lab technician did not testify because he was no longer employed by crime lab and no longer lived in the area); Stevens v. State, 506 So.2d 373 (Ala.Cr.App. 1986) (chain of custody sufficiently established to assure marijuana was authentic where two witnesses who received the substance after it had been analyzed and identified as marijuana did not testify at trial); Robinson v. State, 716 P.2d 364 (Wyo. 1986) (chain of custody adequately established to admit drugs into evidence even though evidence custodian did not testify); People v. Nimmons, 129 A.D.2d 743, 514 N.Y.S.2d 502 (1987) (State did not have to produce as witnesses postal employees who handled package or the employee who had received it at the laboratory 11 years before the trial). The record in this case indicates the evidence admitted at trial was substantially the same as it was when taken from the appellant.