Code of Alabama

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12-22-130
Section 12-22-130 Appealing judgment of conviction. A person convicted of a criminal offense
in the circuit court or other court from which an appeal lies directly to the Supreme Court
or Court of Criminal Appeals may appeal from the judgment of conviction to the appropriate
appellate court. (Code 1896, §4313; Code 1907, §6244; Code 1923, §3236; Code 1940, T. 15,
§367.)...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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11-65-2
Section 11-65-2 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, unless the context clearly indicates
otherwise, have the following respective meanings: (1) ALABAMA-BRED. When this term is used
with reference to a horse, it means a horse which is registered in the registry designated
and administered by a commission in accordance with such rules concerning domicile and registration
requirements as may be established by such commission and which is either (i) foaled from
a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or
(ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time
after the expiration of such 10-year period. (2) ALABAMA STALLION. A stallion which is standing
in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered
with a commission, and which is owned or leased by a resident of...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered on the conviction, but the execution thereof must be stayed pending the appeal.
In such case, the defendant may give bail, with sufficient sureties, conditioned that he will
appear and abide the judgment; failing to give such bail, he must be committed to jail, but
may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code
1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243;
Code 1940, T. 15, §374.)...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-22-220
Section 12-22-220 By whom and when granted; duty of clerk of court. (a) A writ of error on
any judgment entered in a criminal case may issue on an order to that effect by any one of
the judges of the appropriate appellate court in vacation or by the appropriate appellate
court in term time, addressed to the clerk of the court in which the judgment was entered,
but such writ must only be granted on some error of law apparent on the record on appeal.
(b) On the filing of such order with the clerk of the court in which the judgment was entered,
such clerk must give the party filing it a certificate of the filing thereof, make out a writ
of error and a transcript of the record and proceedings had in the cause, attach his certificate
and the writ of error to such transcript and deliver the same, on demand, to the party suing
out the writ, or to his attorney. (Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code
1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252,...
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12-19-91
Section 12-19-91 Clerks of Supreme Court or courts of appeals. (a) The clerks of the courts
of appeal shall be entitled to receive the following fees for the following services, to be
paid to the treasurer as provided in this article: (1) Docketing each case ..... $ .30 (2)
Entering each appearance, to include all attorneys appearing on the same side for the same
parties ..... .30 (3) Each bond ..... .50 (4) Each appeal ..... .50 (5) Each order ..... .50
(6) Each continuance ..... .25 (7) Each judgment ..... 1.00 (8) Each mandate or certificate
to the court below ..... 2.00 (9) Each writ in the nature of scire facias, certiorari, mandamus,
prohibition or other similar writ ..... 1.00 (10) Filing the same with return ..... .20 (11)
Each writ of execution ..... 1.00 (12) Taxing costs, copying and entering satisfaction .....
.85 (13) Copying opinions, record or paper, in his office, for each 100 words ..... .15 (14)
In each case an additional fee of ..... 4.00 (b) For petitions for...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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45-17-80
Section 45-17-80 Public law library; librarian and advisory committee; personnel; law library
fund; fee. (a) The governing body of Colbert County, Alabama, by whatever name called, is
hereby authorized to establish and maintain a public law library in the county, and to accomplish
that purpose, may from time to time, expend such public funds of the county, as are not required
by law to be expended for any other purpose or purposes, to provide suitable housing quarters,
furniture, fixtures, and equipment therefor, to keep the same in a good state of maintenance
and repair, and, from time to time, to enlarge, expand, and improve such library, facilities,
and equipment and, from time to time, to provide such books, reports, and periodicals for
the library as are not provided therefor out of the special fund created by this section or
otherwise, and to pay the salaries of an assistant librarian and such other personnel as may
be necessary and proper to operate the same, to the extent that...
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