Code of Alabama

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12-22-191
Section 12-22-191 Applicability of division. This division shall apply to all criminal cases
tried in the courts of the State of Alabama where a direct appeal to the Supreme Court or
Court of Criminal Appeals is provided by law, also to all related or collateral proceedings,
including habeas corpus and coram nobis proceedings, involving the life, liberty or property
of a person convicted of a criminal offense where an appeal is provided to the Supreme Court
or Court of Criminal Appeals. (Acts 1961, Ex. Sess., No. 62, p. 1930, §2; Acts 1963, No.
525, p. 1129, §2.)...
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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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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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35-4-393
Section 35-4-393 Settlement of dispute as to certain property in Mobile County conveyed to
University of South Alabama Foundation by University of South Alabama. (a) WHEREAS, on December
13, 1982, the state issued to the university a patent to certain lands in Mobile County, herein
called "the patent," covering the following described property in Mobile County,
Alabama, to wit: Beginning at Alabama West Zone Coordinates Y = 118,606.82; X = 296,291.22
which point is on or near the intersection of the North line of Section 26, Township 8 South,
Range 2 West and the East Shore line of Heron Bay, thence run North 77 degrees 54 minutes
52 seconds West a distance of 3883.84 feet to a point on the South shore line of Mon Louis
Island, (Y = 119,419.98; X = 292,493.47) thence run due South a distance of 20,071.04 feet
to coordinates Y = 99,348.94; X = 292,493.47 which point is in the Mississippi Sound, thence
run North 79 degrees - 40 minutes - 28 seconds East a distance of 7805.85 feet to...
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12-22-131
Section 12-22-131 Review in Court of Criminal Appeals; when appeal taken to wrong court; decision
where conflict over jurisdiction. Wherever jurisdiction is now or may hereafter be conferred
on the Court of Criminal Appeals, a review or revision may be had in and by the Court of Criminal
Appeals in the same manner and by the same mode and means as is provided for appeal, review
or revision in or by the Supreme Court. Wherever the appeal or review is taken or attempted
to be taken to the Supreme Court when it should have been taken to the Court of Criminal Appeals,
the Supreme Court may ex mero motu or upon motion have the case, record and proceedings transferred
to the Court of Criminal Appeals for decision and disposition by the Court of Criminal Appeals;
and, if the appeal or review is taken or attempted to be taken to the Court of Criminal Appeals
when it should have been taken to the Supreme Court, the Court of Criminal Appeals may ex
mero motu or on motion transfer the case,...
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12-22-132
Section 12-22-132 Reserving questions of law; presumption that written charges asked before
jury retired. Any question of law arising in any of the proceedings in a criminal case tried
in the circuit court may be reserved by the defendant, but not by the state, except as provided
in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals.
All written charges in the record on appeal shall be presumed to have been asked of the court
before the jury retired unless shown to the contrary by notation of the trial judge of the
refused charges. (Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508;
Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)...
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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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37-1-142
Section 37-1-142 Certification to supreme court of record or transcript of proceedings before
commission. Within 30 days after the perfection of the appeal as provided in this subdivision
2, and sooner if practicable, the Public Service Commission, through its president or any
member thereof or its secretary, shall certify to the supreme court under the commission's
seal a complete record or transcript of all proceedings had before it, including all orders
and pleadings together with a transcript of all oral testimony, and the original of or a transcript
of all documentary evidence taken in any proceedings in which the order appealed from was
made. The time for certifying said transcript to the supreme court may be extended by an order
of the court, for good cause shown. (Acts 1978, No. 851, p. 1274, §3.)...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
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