Legal Opinion
Ex Parte Nelson
Supreme Court of Alabama
Decided December 13, 1991No. 1901453PublishedCited by 7 opinions
1Opinion of the Court
In Alabama, when a witness takes the stand and swears to tell the truth and then testifies, there is no legal presumption that he or she testifies truthfully. Such an instruction to a jury would constitute error.
The petitioner, Joseph Langston Nelson, was indicted for the offense of attempted murder. Following a jury trial, Nelson was found guilty of the lesser included offense of first degree assault, and he was ultimately sentenced to 20 years' imprisonment. On appeal, the conviction was affirmed by the Court of Criminal Appeals. 595 So.2d 506.
On Thursday, February 1, 1990, Anthony Winston,…
2Cases cited11 opinions
- Harris v. StateCourt of Criminal Appeals of Alabama · 1982
- Williams v. StateCourt of Criminal Appeals of Alabama · 1988
- Foster v. StateAlabama Court of Appeals · 1953
- Harris v. StateAlabama Court of Appeals · 1927
- Touart v. StateCourt of Criminal Appeals of Alabama · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ex Parte HuntSupreme Court of Alabama · 1994
- McNabb v. StateCourt of Criminal Appeals of Alabama · 2003
- Henry v. StateCourt of Criminal Appeals of Alabama · 1998
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1993
- Nelson v. StateCourt of Criminal Appeals of Alabama · 1992
2 more not listed; retrieve them via the Exa API.