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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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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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees shall be
immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
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12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and
transmission thereof to state Comptroller. If it appears to the trial court, after full investigation,
that the defendant or petitioner is without sufficient funds, and has no reasonable way to
procure same, to pay the court reporter all of his lawful fee for transcribing the evidence
and other proceedings had at the trial or the fees of the clerk incident to an appeal or that
the defendant or petitioner has reasonably available to him only enough funds to pay a part
of such fees, he shall make and enter an order requiring the court reporter to transcribe
all or such parts of evidence of the proceedings occurring at the trial that may be necessary
to afford the appellate court a record of sufficient completeness for review and shall order
the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter
an order authorizing the payment of a sum certain to the court...
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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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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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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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15-23-69
Section 15-23-69 Testimony concerning information about victim; information about victim in
court file. (a) Based upon the reasonable apprehension of the victim of acts or threats of
physical violence or intimidation by the defendant, the family of the defendant, or by anyone
at the direction of the defendant, against the victim or the immediate family of the victim,
the prosecutor may petition the court to direct that the victim or any other witness not be
compelled to testify during pre-trial proceedings or to any trial, facts that could divulge
the identity, residence, or place of employment of the victim, or other related information
without consent of the victim unless necessary to the prosecution of the criminal proceeding.
If the court schedules a hearing on the merits of the petition, it shall be held in camera.
(b) The address, phone number, place of employment, and other related information about the
victim contained in the court file shall not be public record. (Acts 1995,...
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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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