Ex parte King

Decision Date12 February 1988
Citation521 So.2d 1050
PartiesEx parte: Bobby James KING. (Re: Bobby James King v. State of Alabama). 87-95.
CourtAlabama Supreme Court

James H. Lackey, Mobile, for petitioner.

Don Siegelman, Atty. Gen., for respondent.

ADAMS, Justice.

The petition for writ of certiorari is denied.

In denying the petition for writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

WRIT DENIED.

TORBERT, C.J., and JONES, SHORES and STEAGALL, JJ., concur.

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20 cases
  • Stephens v. State
    • United States
    • Alabama Court of Criminal Appeals
    • August 3, 1990
    ... ... Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Ex parte Branch, 526 So.2d 609 (Ala.1987). Finding that the defense had established a prima facie case of racial discrimination, the trial court required the ... ...
  • McLemore v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 29, 1989
    ... ... See also Clency v. State, 442 So.2d 148, 149 (Ala.Cr.App.1983) ...         McLemore's reliance on Ex parte Foster, 548 So.2d 478 (Ala.1988), is also misplaced, as that case is factually distinguishable from the present case. In Foster, the defendant filed ... State, 53 Ala.App. 75, 78, 297 So.2d 399, 401-02 (1974). Both elements must be established by "clear and positive testimony." King v. State, 521 So.2d 1042, 1046 (Ala.Cr.App.1987), cert. denied, 521 So.2d 1050 (Ala.1988) ...         In the present case, there was ... ...
  • Dixon v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 21, 1990
    ... ... Ex parte Boyd, 542 So.2d 1276, 1284 (Ala.), cert. denied, 493 U.S. 883, 110 S.Ct. 219, 107 L.Ed.2d 172 (1989); Callahan v. State, 557 So.2d 1292, 1302 ... The voluntariness of the confession, similar to the voluntariness of a consent, must be established by "clear and positive testimony." King v. State, 521 So.2d 1042, 1046 (Ala.Cr.App.1987), cert. denied, 521 So.2d 1050 (Ala.1988) ...         The defendant gave the following ... ...
  • O.M. v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 20, 1991
    ... ... State, 462 So.2d 740, 741-42 (Ala.Cr.App.1984); Hill v. State, 350 So.2d 716, 718 (Ala.Cr.App.1977). See also Ex parte Belcher, 556 So.2d 366, 369 (Ala.1989)." ...         Grantham, 580 So.2d at 57. In California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 ... record now stands, we cannot say that the State's evidence of the voluntariness of the appellant's confession was "clear and positive." See King v. State, 521 So.2d 1042, 1046 (Ala.Cr.App.1987), cert. denied, 521 So.2d 1050 (Ala.1988). Cf. Ex parte Johnson, 522 So.2d 234, 237 (Ala.1988) ... ...
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