Legal Opinion

Altherr v. State

Court of Criminal Appeals of Alabama

Decided August 27, 2004No. CR-02-0437PublishedCited by 12 opinions

1Opinion of the Court

On Application for Rehearing

The opinion of January 30, 2004, is withdrawn and the following opinion is substituted therefor. We are taking the opportunity in this substituted opinion to address the State's assertion in its application for rehearing that John Anthony Altherr's conviction for felony driving under the influence ("DUI") need not be reversed and that Altherr is entitled only to a new sentencing hearing.

John Anthony Altherr was convicted of driving under the influence of alcohol after having been previously convicted of three or more DUI offenses, violations of § 32-5A-191(a), Ala.…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Ex Parte IngramSupreme Court of Alabama · 1996
  4. Poole v. StateCourt of Criminal Appeals of Alabama · 2002
  5. Ex Parte StateSupreme Court of Alabama · 1992

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3Cited by12 opinions

  1. Robert B. Eubank v. Jefferson CountyCourt of Appeals for the Eleventh Circuit · 2006
  2. Ex Parte GreenSupreme Court of Alabama · 2008
  3. Marshall v. StateSupreme Court of Alabama · 2009
  4. Marshall v. StateCourt of Criminal Appeals of Alabama · 2008
  5. Johnston v. StateCourt of Criminal Appeals of Alabama · 2009

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

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