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45-49-101.08
Section 45-49-101.08 Appeals. A person who contests a notice of violation and is adjudicated
by the court to be responsible for the civil fine may appeal the adjudication for a trial
de nova to the Circuit Court of Mobile County, in which the district or municipal court is
located, using the procedures that apply to criminal convictions with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) The person appealing, as a condition precedent
to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit
Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality located in Mobile County, or the
Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days
of receipt of notice of the disposition from the circuit court. If...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-101.08.htm - 2K - Match Info - Similar pages
12-16-13
Section 12-16-13 Charges moved for by parties; appeals; general charges. Charges moved for
by either party must be in writing and must be given or refused in the terms in which they
are written, and it is the duty of the judge to write "given" or "refused,"
as the case may be, on the document and sign his name thereto, which thereby becomes a part
of the record. Charges which are marked "given" by the trial judge must be taken
by the jury with them on retirement, and those "refused" must be retained by the
clerk. The court shall, after the conclusion of his charge to the jury, read such written
charges as he has given for the parties in a clear and audible voice, saying to the jury,
"these are instructions given you by the court at the request of the plaintiff or defendant,
as the case may be, and are correct statements of the law to be taken by you in connection
with what has already been said to you." The refusal of a charge, though a correct statement
of the law, shall not be cause...
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12-25-35
Section 12-25-35 Use of voluntary sentencing standards. (a) In felony cases, a probation officer,
the district attorney, or some other person appointed at the discretion of the sentencing
judge, and within the time frame set by the judge, shall, after notice to the offender or
his or her attorney, present a completed appropriate voluntary sentencing standards worksheet
to the sentencing judge for consideration. (b) The trial court shall review the sentencing
standards worksheet and consider the suitability of the applicable voluntary sentencing standards
established pursuant to this article. In imposing sentence, the court shall indicate on the
record that the worksheet and applicable sentencing standards have been reviewed and considered.
(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary
standards, and sentences outside the voluntary sentencing standards in accordance with existing
law, the court may provide a brief written reason for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-35.htm - 2K - Match Info - Similar pages
26-2A-36
Section 26-2A-36 Appeals. Appellate review, including the right to appellate review, interlocutory
appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record
on appeal, briefs, arguments, and power of the appellate court, is governed by Title 12, Chapter
22, and the Alabama Rules of Appellate Procedure, as applicable, but in proceedings in which
jury trial has been had as a matter of right the rules applicable to the scope of review in
jury cases apply. (Acts 1987, No. 87-590, p. 975, ยง1-307.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-36.htm - 838 bytes - Match Info - Similar pages
34-27-38
Section 34-27-38 Disciplinary action - Appeals. (a) Findings of the commission are final unless
within 30 days after the date of the commission's final order, the applicant or accused files
a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her
residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit
court of the county of registration or the county in which the corporation has its principal
place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with
the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal
after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas,
but the decision of the commission may be stayed by the court pending such appeal. (c) The
commission shall within 30 days of service of the notice of appeal, or within such additional
time as the court may allow, file the record in the case with the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-38.htm - 2K - Match Info - Similar pages
34-4-33
Section 34-4-33 Revocation or suspension - Notice of appeal; decision stayed; record and complaint
filed; procedures; costs. (a) Findings of the board with regard to the suspension or revocation
of a license or the imposition of an administrative fine shall be final unless within 30 days
after the date of the final order of the board, the applicant, or otherwise known as the accused,
whether an individual or a corporation registered in Alabama, files a notice of appeal in
the Circuit Court of Montgomery County. A party appealing a decision shall post a two hundred
dollar ($200) appeal bond with the clerk of the circuit court. The circuit clerk shall notify
the board of the appeal after the clerk has approved the appellant's bond. (b) An appeal does
not act as supersedeas, but the decision of the board may be stayed by the court pending the
appeal. (c) The board shall within 30 days of service of the notice of appeal, or within the
additional time as the court may allow, file the record...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-4-33.htm - 2K - Match Info - Similar pages
12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-192.htm - 2K - Match Info - Similar pages
12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-121.19.htm - 6K - Match Info - Similar pages
12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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