Handley v. State

I concur; however, I write specially to address the dissent. It is well settled that in order to preserve an issue for appellate review, one must generally object before an answer is given. See the cases cited in Alabama Digest Criminal Law Key Number 1036.1(2); see also C. Gamble, McEl-roy’s Alabama Evidence § 426.01(3)(5th ed.1996).

At Brian Handley’s sentencing hearing, following his entry of blind guilty pleas, the following exchange occurred during Officer Mark McCormick’s testimony:

“[PROSECUTOR]: Did Mr. Handley discuss whether or not he had considered taking [the victim’s] life?

“[OFFICER…