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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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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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings
and final decisions in contested cases. (a) A person who has exhausted all administrative
remedies available within the agency, other than rehearing, and who is aggrieved by a final
decision in a contested case is entitled to judicial review under this chapter. A preliminary,
procedural, or intermediate agency action or ruling is immediately reviewable if review of
the final agency decision would not provide an adequate remedy. (b) All proceedings for review
may be instituted by filing of notice of appeal or review and a cost bond with the agency
to cover the reasonable costs of preparing the transcript of the proceeding under review,
unless waived by the agency or the court on a showing of substantial hardship. A petition
shall be filed either in the Circuit Court of Montgomery County or in the circuit court of
the county in which the agency maintains its headquarters, or unless otherwise...
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12-22-198
Section 12-22-198 Appeals from denial of petition or where parts of record ordered transcribed
deemed inadequate. (a) Any defendant or petitioner who has filed a petition under the provisions
of this division and which petition is denied by the trial court, or if parts of the record
ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant
or petitioner may, within 10 days from the order of the trial court, file a notice of appeal
with the clerk of the trial court from the order denying the petition or from the order deemed
inadequate in specifying the parts of the transcript of the evidence to be forwarded to the
appellate court on appeal, and such notice of appeal shall specify with particularity wherein
the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon
the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals
in cases wherein the punishment is 20 years or less...
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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
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12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for
failure to appear. (a) Civil cases. Any party may appeal from a final judgment of the district
court in a civil case by filing notice of appeal in the district court, within 14 days from
the date of the judgment or the denial of a posttrial motion, whichever is later, or, if the
appeal is to an appellate court, within the time prescribed by the Alabama Rules of Appellate
Procedure or the Alabama Rules of Juvenile Procedure where applicable, together with security
for costs as required by law or rule. (b) Criminal cases. A defendant may appeal from a final
judgment of the district court in a criminal or quasi-criminal case by filing notice of appeal
within 14 days from the date of judgment or from the date of denial of a post-trial motion,
whichever is later, together with such bond as may be fixed by the court, conditioned upon
the defendant's appearance before the circuit court; provided, however, that...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed
upon liberty of person pending appeal. An appeal from an order of the probate court granting
a petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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12-22-193
Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of
financial information; estimate of costs and fees. Upon the filing of the petition with the
clerk or the trial judge within the time prescribed in Section 12-22-92, the trial
judge shall have the defendant or petitioner brought before him and shall examine the defendant
or petitioner under oath concerning the required averment in the petition that the defendant
or petitioner is without sufficient funds, and has no reasonable way to procure the same,
to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings
had at the trial or on the hearing of said case or the fees of the clerk which will accrue
on appeal. The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary
and may call upon the sheriff, the district attorney and other officers of the court to ascertain
information relevant to the financial condition and ability of defendant...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal
cases wherein an indigent defendant has an appeal which lies directly to an appellate court
and the indigent defendant expresses his or her desire to appeal, the court shall cause to
be entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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