13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-53.htm - 3K - Match Info - Similar pages

18-1A-191
Section 18-1A-191 View of the property taken. (a) Upon motion of a party or its own motion,
the circuit court may direct the jury to be placed in charge of an officer of the court and
taken personally to view the property sought to be taken. Upon like motion, if the case is
tried before the circuit court without a jury, the judge presiding at the trial may view the
property. The circuit court may prescribe additional terms and conditions consistent with
this section. (b) During a view of the property by the jury, the judge presiding at the trial
shall be present and supervise the proceedings. The parties, their attorneys, engineers, and
other representatives may be present during a view by the jury or judge. (c) During a view,
only the judge presiding at the trial or person designated by the circuit court may make a
statement to the jury relating to the subject matter of the action, and any such statement
must be transcribed as a part of the record. (d) The physical characteristics of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-191.htm - 1K - Match Info - Similar pages

18-1A-286
Section 18-1A-286 Appeal to circuit court upon denial of application by probate court. If the
probate court refuses to grant the application, the applicant shall have a right of appeal
to the circuit court upon giving security for costs, to be approved by the judge of probate,
and upon such appeal the trial shall be de novo. Upon any appeal taken to the circuit court
under this section, if such circuit court determines that the application should be granted,
it shall immediately proceed either to have the damages and compensation assessed as provided
in Section 18-1A-151 or grant the condemnor the right of entry upon deposit of the amount
of its approved offer into circuit court together with a bond in double the amount as provided
in Section 18-1A-284. In such latter event the valuation issue shall be determined as provided
in Section 18-1A-151 as may be set by the circuit court. (Acts 1985, No. 85-548, p. 802, §1617.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-286.htm - 1K - Match Info - Similar pages

43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-198.htm - 1K - Match Info - Similar pages

45-27-80.60
Section 45-27-80.60 Excusal of jurors. In all capital cases where trial by jury is held before
the circuit court in the Twenty-first Judicial Circuit of Alabama, the judge presiding over
the empanelment of the jury venire in the capital case is authorized to excuse any prospective
juror outside the presence of the defendant provided the juror has a legal excuse for being
excused and it shall be within the discretion of the judge to determine whether the prospective
juror's excuse is legal; provided that in no case shall there be a smaller number of jurors
to select from in the capital case than provided by statutes not in force and effect. (Act
80-712, p. 1446, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-80.60.htm - 984 bytes - Match Info - Similar pages

45-49-120.33
Section 45-49-120.33 Court proceedings. Orders of the personnel director and personnel board
may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings in
a court of competent jurisdiction. Any person directly interested, within 14 days, may appeal
to the Circuit Court of Mobile County from any order of the board, by filing notice thereof
with the board, whereupon the board shall certify to a transcript of the proceedings before
it and file the same in court. Only findings of fact of the board contained in the transcript,
if supported by substantial evidence adduced before the board or before its personnel director
after hearing and upon notice to the interested party or parties, and after affording the
parties an opportunity to be heard, shall be conclusive on appeal. The issues on appeal shall
be made up under the direction of the court within 30 days after the transcript is filed therein,
and the trial shall proceed on the evidence contained in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-120.33.htm - 1K - Match Info - Similar pages

6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action in any
court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant
has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed,
it shall be the duty of the court in which such civil action is pending to proceed with the
trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment
in accordance with the law and the evidence in the case. The court in which such civil action
is pending shall also have authority, and it shall be its duty, to grant such stay of execution
against such defendant as may be appropriate or as may be provided for in the order of the
bankruptcy court, or to embody in the judgment entered in such case such provision as may
be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit
the manner of enforcement of said judgment, or so as to limit the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-7-30.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-184.htm - 8K - Match Info - Similar pages

11-88-72
Section 11-88-72 Appeal from assessments to circuit court - Conduct of trial generally; when
costs of appeal and trial adjudged against authority. The said appeal may be tried on the
record without other pleadings and the court shall hear all objections of the property owners
to the said assessment and the amount thereof, shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall render judgment accordingly. Such appeal shall be tried by the
judge without a jury, unless a jury trial is demanded at the time of filing appeal, in which
event the appeal shall be tried by a jury as provided in common law cases. In event the court
or jury shall not sustain the assessment for the full amount, the costs of appeal and trial
in circuit court shall be adjudged against the authority. (Acts 1973, No. 826, p. 1293, §33.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-72.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-193.htm - 1K - Match Info - Similar pages