Savage v. State

Decision Date12 June 1992
Citation600 So.2d 409
PartiesEx parte State of Alabama. (Re Sam SAVAGE v. STATE). 1911021.
CourtAlabama Supreme Court

Petition for writ of certiorari to the Court of Criminal Appeals (CR 90-542). Appeal from the Conecuh Circuit Court, No. CC-90-079, Sue Bell Cobb, Judge.

James H. Evans, Atty. Gen., and Joseph G.L. Marston III, Asst. Atty. Gen., for petitioner.

W. Robert McMillian and George K. Elbrecht, Monroeville, for respondent.

Prior report: Ala.Cr.App., 600 So.2d 405.

ALMON, Justice.

WRIT DENIED.

HORNSBY, C.J., and SHORES, HOUSTON, STEAGALL, KENNEDY and INGRAM, JJ., concur.

MADDOX, J., dissents.

MADDOX, Justice (dissenting).

I would grant the writ of certiorari and review the opinion of the Court of Criminal Appeals that holds there was a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1962), in this case. Although I am not completely convinced that the decision of the Court of Criminal Appeals is erroneous, I would at least grant the writ and review the record to determine there was, in fact, a Brady violation here.

To continue reading

Request your trial
4 cases
  • Mitchell v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 21, 1997
    ... ... "The knowledge of government agents working on the case, including a deputy sheriff, as to the existence of exculpatory evidence will be imputed to the prosecutor. Sexton v. State, 529 So.2d 1041, 1045 (Ala.Cr.App.1988)." Savage v. State, 600 So.2d 405, 407 (Ala.Cr.App.1992), cert. denied, 600 So.2d 409 (Ala.1992) ...         Mitchell contends that he was first made aware of the Ruffin's upcoming testimony when the State alluded to it during opening statements. No objection was made at this time. At trial, ... ...
  • Hill v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 9, 1994
    ... ...         See also Savage v. State, 600 So.2d 405 (Ala.Cr.App.), cert. denied, 600 So.2d 409 (Ala.1992) ...         Hill, however, admits in his brief that the prosecution was without actual knowledge of Guilford's civil action against the city. In Parker v. State, 587 So.2d 1072, 1086 (Ala.Cr.App.1991), we ... ...
  • Egbuonu v. State
    • United States
    • Alabama Court of Criminal Appeals
    • May 25, 2007
    ... ... `The knowledge of government agents working on the case, including a deputy sheriff, as to the existence of exculpatory evidence will be imputed to the prosecutor. Sexton v. State, 529 So.2d 1041, 1045 (Ala.Cr.App.1988).' Savage v. State, 600 So.2d 405, 407 (Ala.Cr.App. 1992), cert. denied, 600 So.2d 409 (Ala. 1992) ... 993 So.2d 41 ...         "Mitchell contends that he was first made aware of the Ruffin's upcoming testimony when the State alluded to it during opening statements. No objection was made at ... ...
  • Egbuonu v. State, No. CR-05-0143 (Ala. Civ. App. 5/25/2007)
    • United States
    • Alabama Court of Civil Appeals
    • May 25, 2007
    ... ... `The knowledge of government agents working on ... the case, including a deputy sheriff, as to the existence of exculpatory evidence will be imputed to the prosecutor. Sexton v. State , 529 So. 2d 1041, 1045 (Ala. Cr. App. 1988).' Savage v. State , 600 So. 2d 405, 407 (Ala. Cr. App. 1992), cert. denied, 600 So. 2d 409 (Ala. 1992) ...         "Mitchell contends that he was first made aware of the Ruffin's upcoming testimony when the State alluded to it during opening statements. No objection was made at this time. At ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT