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571 So. 2d 345

McClellan v. State

Supreme Court of Alabama

Decided November 16, 1990

Supreme Court of Alabama · decided 1990-11-16

Cited by 26 later decisions — most recently October 1999 · most notably 577 So. 2d 474 - Kuenzel v. State (1990), 587 So. 2d 1072 - Parker v. State (1991)

26 state decisions

Relies on Ex Parte Cofer · Bowden v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-11-16

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MADDOX, Justice

¶1(concurring in the result).

¶2The modern trend is to permit more freely the admission of evidence of collateral crimes in cases such as this because such crimes involve a passion or propensity for deviant and unnatural behavior. See my dissent in Bowden v. State, 538 So.2d 1226 (Ala.1988). I concur in the result reached in this case, however, for the same reason I concurred in Ex parte Cofer, 440 So.2d 1121 (Ala.1983), the remoteness of the collateral crime.

STEAGALL, Justice

¶3(dissenting).

¶4Based on the authority cited in the dissenting opinion in Bowden v. State, 538 So.2d 1226 (Ala.1988), I must respectfully dissent. I believe the Court of Criminal Appeals’ ruling places too great a limit on the admission of evidence of prior bad acts in cases involving sex crimes. Therefore, I disagree with the majority’s decision to quash the writ.

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