405 SO2D 401 - Nelson v. State

How this case has been cited

Cited by 33 later decisions — most recently October 2017 · most notably Hall v. State (1999), 511 So. 2d 225 - Nelson v. State (1986)

2 federal appellate · 31 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1PER CURIAM.

¶2Reversed and remanded to the Court of Criminal Appeals on the authority of Beck v. Alabama,447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980); Beck v. State,396 So.2d 645 (Ala.1980); Ritter v. State,403 So.2d 154 (Ala.1981); and Reed v. State,407 So.2d 162 (Ala.1981).

¶3REVERSED AND REMANDED.

¶4All Justices concur, except MADDOX, JONES and ADAMS, JJ., who concur specially.

¶5MADDOX, JONES and ADAMS, Justices (concurring specially):

¶6By concurring specially we adhere to the views expressed in our respective opinions in Ritter v. State,403 So.2d 154 (Ala. 1981), to the effect that we would not reverse the conviction in any case in which the record of trial affirmatively precludes any showing which would entitle the defendant to a jury instruction on a lesser included offense.

¶7Because the per curiam opinion mandates a retrial on the issue of guilt, as well as the issue of sentence, we re-emphasize the proposition that an instruction on a lesser included offense is required "on any lesser included offense supported by the evidence," Beck v. State,396 So.2d 645, 657 (Ala.1980), but an instruction on a lesser included offense would be appropriate only if there was evidence which would support the giving of such an instruction. Roberts v. Louisiana,428 U.S. 325, 96 S.Ct. 3001, 49 L.Ed.2d 974 (1976), Beck v. Alabama,447 U.S. 625, 100 S.Ct. 2382, 2386 (footnote 7), 65 L.Ed.2d 392 (1980).

¶8On remand, Ala.Cr.App., 405 So.2d 401.