Carroll v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | PER CURIAM; TORBERT |
| Citation | 370 So.2d 761 |
| Parties | In re Patricia Eileen Wade CARROLL v. STATE. Ex parte Patricia Eileen Carroll. 78-319. |
| Decision Date | 27 April 1979 |
Page 761
v.
STATE.
Ex parte Patricia Eileen Carroll.
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
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Albarran v. State Of Ala., CR-07-2147
...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......
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Carpenter v. State, 4 Div. 776
...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......
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Bracewell v. State, 4 Div. 981
...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......
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Wesley v. State, 1 Div. 863
...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
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Albarran v. State Of Ala., CR-07-2147
...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
...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
...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......
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Wesley v. State, 1 Div. 863
...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......
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