Legal Opinion

McCurley v. State

Court of Criminal Appeals of Alabama

Decided August 28, 1984No. 4 Div. 339PublishedCited by 4 opinions

1Opinion of the Court

BOWEN, Presiding Judge.

In cases which the trial judge described as “somewhat bizarre or sensational”, *1015Tommy Joe McCurley was sentenced to two terms of 99 years’ imprisonment after pleading guilty to two indictments charging rape in the first degree in violation of Alabama Code 1975, § 13A-6-61. The sentences are to run consecutively.

I

The victim in each case was a young child, one eleven years old and the other eight. The trial judge did not abuse his discretion in permitting the prosecutor to ask leading and suggestive questions of these two children on direct examination. “It is usual and…

2Cases cited8 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Dingler v. StateSupreme Court of Alabama · 1981
  3. Russell v. StateSupreme Court of Alabama · 1982
  4. United States v. Edward KingCourt of Appeals for the Fifth Circuit · 1979
  5. Lane v. StateSupreme Court of Alabama · 1982

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

3Cited by4 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Alabama · 2009
  2. Stanley v. StateCourt of Criminal Appeals of Alabama · 2011
  3. O'NEAL v. StateCourt of Criminal Appeals of Alabama · 1986
  4. Pierce v. StateCourt of Criminal Appeals of Alabama · 1985

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