Hill v. State
| Decision Date | 02 April 1976 |
| Citation | 329 So.2d 132,295 Ala. 406 |
| Parties | In re Robert HILL v. STATE. Ex parte Robert Hill. SC 1738. |
| Court | Alabama Supreme Court |
Certiorari to the Court of Criminal Appeals.
Bryant F. Williams, Jr., Ozark, for petitioner.
No appearance for the State.
Petition of Robert Hill for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Hill v. State, 57 Ala.App. 437, 329 So.2d 126.
WRIT DENIED.
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4 cases
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Schultz v. State, 2 Div. 325
... ... Moreover, defense counsel's contention that he realized the omission but did nothing to bring it to the court's attention, prevents him from gaining the relief he now seeks. As this court stated in Hill v. State, 57 Ala.App. 437, 329 So.2d 126, cert. denied, 295 Ala. 406, 329 So.2d 132 (1976): ... "With knowledge at the time of trial of the facts forming a basis for an objection ... it constitutes a specie of estoppel for one to forego an objection and proceed with the trial in the hope ... of a ... ...
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Petty v. State
... ... "With knowledge at the time of trial of the facts forming a basis for an objection to trial, it constitutes a species of estoppel for one to forego an objection and proceed with the trial ... " Hill v. State, 57 Ala.App. 437, 440, 329 So.2d 126, cert. denied, 295 Ala. 406, 329 So.2d 132 (1976). When Petty did raise the Sixth Amendment objection, it was granted. Consequently, Petty has no ground for legitimate complaint ... Because all three defendants participated in the ... ...
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Elder v. State, 2 Div. 533
... ... "An accused cannot by his own voluntary conduct invite error and then seek to profit thereby." Aldridge v. State, 278 Ala. 470, 474, 179 So.2d 51 (1965). By consenting to the proceedings in the trial court, the defendant is estopped to allege error. Hill v. State, 57 Ala.App. 437, 440, 329 So.2d 126, cert. denied, 295 Ala. 406, 329 So.2d 132 (1976) ... Elder contends that he should have been allowed to withdraw his guilty plea because he did not have a full understanding of the law and its future consequences. He testified that ... ...
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Hunt v. State
... ... Johnson v. Williams, 244 Ala. 391, 13 So.2d 683 (1943); Ex parte Seals, 271 Ala. 622, 126 So.2d 474, cert. denied, 366 U.S. 954, 81 S.Ct. 1909, 6 L.ED.2d 1246 (1961); Hill v. State, 57 Ala.App. 437, 329 So.2d 126, cert. denied, 295 Ala. 406, 411, 329 So.2d 132 (1976). The fact that the state used some of its peremptory strikes against members of the accused's race in selecting the jury does not by itself present a case of systematic exclusion. We take judicial ... ...