Legal Opinion

Tate v. State

Court of Criminal Appeals of Alabama

Decided July 27, 1982PublishedCited by 7 opinions

1Opinion of the Court

The defendant was indicted and convicted for robbery in the first degree. Sentence was life imprisonment. Two issues are presented on appeal.

I

The trial judge granted the State's challenge for cause of two veniremen who "knew" the defendant and "preferred not to sit in judgment of this defendant on this charge." By failing to object to this action the defendant cannot avail himself of any alleged error and has preserved nothing for review. Rileyv. State, 88 Ala. 193, 7 So. 149 (1889); Luttrell v. State,357 So.2d 1021 (Ala.Cr.App. 1978). The failure to make a timely objection waives the right…

2Cases cited15 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. Hobbs v. StateCourt of Criminal Appeals of Alabama · 1981
  3. Ex Parte DurdenSupreme Court of Alabama · 1981
  4. Durden v. StateCourt of Criminal Appeals of Alabama · 1980
  5. Brazell v. StateCourt of Criminal Appeals of Alabama · 1979

10 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Fisher v. StateCourt of Criminal Appeals of Alabama · 1991
  2. McCollum v. StateCourt of Criminal Appeals of Alabama · 1995
  3. McMullin v. StateCourt of Criminal Appeals of Alabama · 1983
  4. Brewer v. StateCourt of Criminal Appeals of Alabama · 1986
  5. O'DELL v. StateCourt of Criminal Appeals of Alabama · 1985

2 more not listed; retrieve them via the Exa API.

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