45-20-80
Section 45-20-80 Jury strike system. Upon the trial by jury in the Circuit Courts of the Twenty-second
Judicial Circuit of any person indicted for a misdemeanor, or a felony or upon appeals to
the circuit courts from lower courts, the court shall require two lists of all the regular
jurors impaneled for the week who are competent to try the defendant to be made, and the district
attorney shall be required to strike from the list the name of one juror, and the defendant
shall strike one, and they shall continue to strike off names alternately until only 12 jurors
remain on the list, and these 12 jurors thus selected shall be the jury charged with the trial
of the case. (Act 80-194, p. 270, §1.)...
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45-39-80.20
Section 45-39-80.20 Jury strike system. Upon the trial by jury in the circuit courts of the
Eleventh Judicial Circuit of any person indicted for a misdemeanor, or a felony not punished
capitally, or upon appeals to the circuit courts from lower courts, the court shall require
two lists of all the regular jurors empaneled for the week who are competent to try the defendant
to be made, and the district attorney shall be required to strike from the list the name of
one juror, and the defendant shall strike one, and they shall continue to strike off names
alternately until only 12 jurors remain on the list, and these 12 jurors thus selected shall
be the jury charged with the trial of the case. (Act 81-127, p. 148, §1.)...
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6-5-155.5
Section 6-5-155.5 Motion for preliminary injunction; consolidation of trial with hearing on
motion; other equitable relief. (a) Upon a filing of a motion for a preliminary injunction
to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion
within 10 business days of the filing. If it appears by affidavit or otherwise, that there
is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance
by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant
other relief as the court may deem to be appropriate, including those remedies provided by
Section 6-5-156.3. (b) When appropriate, the court shall order the trial of the action on
the merits to be advanced and consolidated with the hearing on the motion for a preliminary
injunction. (c) This section shall not be construed to prohibit the application for or the
granting of a temporary restraining order or other equitable relief provided by...
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12-22-10
Section 12-22-10 Grant or refusal of motion for new trial. Either party in a civil case, or
the defendant in a criminal case, may appeal to the appropriate appellate court from an order
granting or refusing a motion for a new trial by the circuit court. (Code 1896, §434; Code
1907, §2846; Acts 1915, No. 656, p. 722; Code 1923, §6088; Code 1940, T. 7, §764; Acts
1949, No. 57, p. 81.)...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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12-24-3
Section 12-24-3 Recusal of a justice or judge due to campaign contribution; rebuttable presumption;
appeal. (a) In any civil action, on motion of a party or on its own motion, a justice or judge
shall recuse himself or herself from hearing a case if, as a result of a substantial campaign
contribution or electioneering communication made to or on behalf of the justice or judge
in the immediately preceding election by a party who has a case pending before that justice
or judge, either of the following circumstances exist: (1) A reasonable person would perceive
that the justice or judge's ability to carry out his or her judicial responsibilities with
impartiality is impaired. (2) There is a serious, objective probability of actual bias by
the justice or judge due to his or her acceptance of the campaign contribution. (b) A rebuttable
presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution
made directly by a party to the judge or justice...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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12-16-232
Section 12-16-232 Consent by parties to discharge of member of jury and to rendition of verdict
by remaining jurors. (a) At any stage of a trial then pending, whether the jury has retired
or not, the parties may unanimously consent in open court, with legal effectiveness, to the
discharge from further duty of any member of the jury trying the case and to a continuation
of the trial and the rendition of a verdict by the remaining jurors. A verdict returned by
the remaining jurors shall be as valid and as legally effective as if it had been returned
by the full jury. (b) Prior to the commencement of a trial, the parties may unanimously stipulate
in open court, with legal effectiveness, that in the event it becomes necessary during the
pendency of the trial, whether the jury has retired or not, for the court to discharge from
further duty any member of the jury trying the case because of the juror's sickness or other
good cause, the trial shall continue with and a verdict be rendered by...
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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...
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