Legal Opinion · Dissent

D.G. v. State

Court of Criminal Appeals of Alabama

Decided May 27, 2011No. CR-09-1526Published

1DissentWindom, Judge

I disagree with the majority’s determination that D.G. adequately preserved his argument that the juvenile court violated his Sixth Amendment right to confront the witnesses against him by reviewing a DVD recording of a statement made by P.R.W. U.S. Const, amend. VI. On the contrary, I believe that any error in viewing and considering the recording of P.R.W.’s out-of-court statement without her testifying at trial was invited error. Therefore, I believe that this issue does not entitle D.G. to any relief.

“The law is well settled that a party may not induce an error by the trial court and then…

2Cases cited8 opinions

  1. Atkins v. LeeSupreme Court of Alabama · 1992
  2. Lewis v. StateCourt of Criminal Appeals of Alabama · 2003
  3. Neal v. NealSupreme Court of Alabama · 2003
  4. Mobile Infirmary Medical Center v. HodgenSupreme Court of Alabama · 2003
  5. Dixie Highway Express, Inc. v. Southern Railway Co.Supreme Court of Alabama · 1971

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