Walker v. State
In Walker v. State, 631 So. 2d 294 (Ala. Crim. App. 1993) the defendant successfully objected to the prosecutor's asking questions or presenting evidence about the defendant's gang membership. Thereafter, the defense repeatedly brought up the subject of the defendant's gang membership.
When the prosecution pursued the subject, the defense objected; the trial court polled the jurors to ascertain if they could put the improper comments out of their minds. When the defendant raised the issue on appeal, the Court of Criminal Appeals held:
"The appellant cannot be heard to complain '"about exploration of the issue ... which he himself improperly injected into the trial." "Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial court."'" (Walker v. State,631 So. 2d at 301.)