Carroll v. State

CourtSupreme Court of Alabama
Writing for the CourtPER CURIAM; TORBERT
Citation370 So.2d 761
PartiesIn re Patricia Eileen Wade CARROLL v. STATE. Ex parte Patricia Eileen Carroll. 78-319.
Decision Date27 April 1979

Page 761

370 So.2d 761
In re Patricia Eileen Wade CARROLL
v.
STATE.
Ex parte Patricia Eileen Carroll.
78-319.
Supreme Court of Alabama.
April 27, 1979.

Petition for Writ of Certiorari to the Court of Criminal Appeals, 370 So.2d 749.

Randolph P. Reaves, Montgomery, for petitioner.

No brief for the State, respondent.

PER CURIAM.

By denying this petition we do not wish to be understood as agreeing with the rationale advanced by the Court of Criminal Appeals in its opinion. See: McElroy, Law of Evidence in Alabama, Vol. 2, § 200.13(5) (2d Ed.1962).

WRIT DENIED.

TORBERT, C. J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.

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39 practice notes
  • Albarran v. State Of Ala., CR-07-2147
    • United States
    • Alabama Court of Criminal Appeals
    • 25 Febrero 2011
    ...2d 818 (Ala. Crim. App. 1982), affirmed, 434 So. 2d 831 (Ala. 1983); Carroll v. State, 370 So. 2d 749 (Ala. Crim. App.), cert. denied, 370 So. 2d 761 (Ala. 1979). To lay a proper predicate for the admission of such an opinion, a witness must first have testified: (1) to facts showing that h......
  • Carpenter v. State, 4 Div. 776
    • United States
    • Alabama Court of Criminal Appeals
    • 20 Enero 1981
    ...Constitutional rights may be waived where there is no objection. Carroll v. State, Ala.Cr.App., 370 So.2d 749, cert. denied, Ala., 370 So.2d 761 (1979); McBride v. State, Ala.Cr.App., 355 So.2d 750 (1978). However, we would point out that, while Sheriff Anderson's version of appellant's sta......
  • Bracewell v. State, 4 Div. 981
    • United States
    • Alabama Court of Criminal Appeals
    • 31 Mayo 1983
    ...discretion. Carmichael v. State, 48 Ala.App. 748, 267 So.2d 538 (1972); Carroll v. State, 370 So.2d 749, 760 (Ala.Cr.App.), cert. denied, 370 So.2d 761 (Ala.1979); Jolly v. State, 395 So.2d 1135, 1143 (Ala.Cr.App.1981). There is no clear abuse in this Sharpless was asked to give his opinion......
  • Wesley v. State, 1 Div. 863
    • United States
    • Alabama Court of Criminal Appeals
    • 29 Diciembre 1989
    ...to the opinions of others in giving their opinions." Carroll v. Page 115 State, 370 So.2d 749, 758 (Ala.Cr.App.), cert. denied, 370 So.2d 761 On continuing cross-examination of Dr. Nagi, defense counsel questioned Dr. Nagi about his opinion that Wesley was faking or mimicking symptoms ......
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39 cases
  • Albarran v. State Of Ala., CR-07-2147
    • United States
    • Alabama Court of Criminal Appeals
    • 25 Febrero 2011
    ...2d 818 (Ala. Crim. App. 1982), affirmed, 434 So. 2d 831 (Ala. 1983); Carroll v. State, 370 So. 2d 749 (Ala. Crim. App.), cert. denied, 370 So. 2d 761 (Ala. 1979). To lay a proper predicate for the admission of such an opinion, a witness must first have testified: (1) to facts showing that h......
  • Carpenter v. State, 4 Div. 776
    • United States
    • Alabama Court of Criminal Appeals
    • 20 Enero 1981
    ...Constitutional rights may be waived where there is no objection. Carroll v. State, Ala.Cr.App., 370 So.2d 749, cert. denied, Ala., 370 So.2d 761 (1979); McBride v. State, Ala.Cr.App., 355 So.2d 750 (1978). However, we would point out that, while Sheriff Anderson's version of appellant's sta......
  • Bracewell v. State, 4 Div. 981
    • United States
    • Alabama Court of Criminal Appeals
    • 31 Mayo 1983
    ...discretion. Carmichael v. State, 48 Ala.App. 748, 267 So.2d 538 (1972); Carroll v. State, 370 So.2d 749, 760 (Ala.Cr.App.), cert. denied, 370 So.2d 761 (Ala.1979); Jolly v. State, 395 So.2d 1135, 1143 (Ala.Cr.App.1981). There is no clear abuse in this Sharpless was asked to give his opinion......
  • Wesley v. State, 1 Div. 863
    • United States
    • Alabama Court of Criminal Appeals
    • 29 Diciembre 1989
    ...testify to the opinions of others in giving their opinions." Carroll v. Page 115 State, 370 So.2d 749, 758 (Ala.Cr.App.), cert. denied, 370 So.2d 761 On continuing cross-examination of Dr. Nagi, defense counsel questioned Dr. Nagi about his opinion that Wesley was faking or mimicking sympto......
  • Request a trial to view additional results

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