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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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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13A-12-57
Section 13A-12-57 Trial; defendant bound over. The court shall thereupon proceed to hear the
evidence in the case, and, if probable cause is shown for believing said parties or any of
them to be guilty, he shall bind them over under proper bond to await the action of the grand
jury in accordance with the laws of the state as prescribed in preliminary examinations before
courts authorized by law to conduct preliminary examinations, and all rules of procedure applicable
to such preliminary examinations shall be likewise applicable to proceedings under this division.
(Acts 1909, No. 193, p. 183; Code 1923, §4289; Code 1940, T. 14, §301; Code 1975, §13-7-98.)...

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15-12-23
Section 15-12-23 Appointment and compensation of counsel - Post-conviction proceedings. (a)
In proceedings filed in the district or circuit court involving the life and liberty of those
charged with or convicted of serious criminal offenses including proceedings for habeas corpus
or other post-conviction remedies, the trial or presiding judge or chief justice of the court
in which the proceedings may be commenced or pending may appoint counsel through an indigent
defense system approved by the office to represent and assist indigent defendants if it appears
to the court that the indigent defendant is unable financially or otherwise to obtain the
assistance of counsel and desires the assistance of counsel and it further appears that counsel
is necessary in the opinion of the judge to assert or protect the right of the indigent defendant.
(b) In proceedings filed in the district or circuit court involving the life and liberty of
those persons charged or adjudicated for juvenile offenses...
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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or state or any order of court or abuse
of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct
of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is
contrary to law; (5) Newly discovered evidence, material for the party applying, which he
could not with reasonable diligence have discovered and produced at the trial; and (6) Error
of law occurring at the trial properly preserved by the party making the application. (b)
The court, in granting new trials, may allow the same at the costs of the party applying therefor
or in the costs abiding the event of the case, or a portion of the costs, as the...
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15-2-26
Section 15-2-26 Trial on certified copy of indictment; correction of transcript mistakes and
certification of omitted portion of record. The defendant must be tried in the court to which
the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and
such court may, if necessary and on a proper showing, order the clerk of the court in which
the indictment was found to correct any mistake in the transcript or to certify any portion
of the record which he may have omitted. (Code 1852, §659; Code 1867, §4211; Code 1876,
§4916; Code 1886, §4490; Code 1896, §5314; Code 1907, §7857; Code 1923, §5586; Code 1940,
T. 15, §274.)...
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31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
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36-11-22
Section 36-11-22 Preparation of final record of impeachment proceedings. The clerk or, if he
is the accused, the person acting as clerk of the court in which the trial is held shall make
and preserve a final record of the proceedings in all respects as clerks of the circuit courts
are required to do of trials held therein, and all laws applicable thereto are made applicable
to final records and proceedings under this chapter. (Code 1876, §4060; Code 1886, §4833;
Code 1896, §4880; Code 1907, §7118; Code 1923, §4513; Code 1940, T. 41, §194.)...
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11-43A-90
Section 11-43A-90 Regular public meetings of council; adjourned, called, special or other meetings;
quorum; when vote of majority of quorum sufficient; when vote of majority of council required;
procedure; record of proceedings; journal; unanimous consent for passage of certain ordinances
at meeting where introduced; publication of ordinances. The council shall hold regular public
meetings as may be prescribed by its own rules, provided that a regular hour and day shall
be fixed by the order of the council and publicly announced. It may also hold adjourned, called,
special or other meetings as the business of the municipality may require. A majority of the
whole qualified membership of the council shall constitute a quorum for the transaction of
any and all business of the council. Except as otherwise provided herein, the affirmative
vote of a majority of the quorum shall be necessary and sufficient for the passage of any
resolution, rule or ordinance or the transaction of any business...
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12-1-12
Section 12-1-12 Grounds for disqualification of judges from trial of cases generally. No judge
of any court shall sit in any case or proceeding in which he is interested or related to any
party within the fourth degree of consanguinity or affinity or in which he has been of counsel
or in which is called in question the validity of any judgment or judicial proceeding in which
he was of counsel or the validity or construction of any instrument or paper prepared or signed
by him as counsel or attorney, without the consent of the parties entered of record or put
in writing if the court is not of record. (Code 1876, §540; Code 1886, §647; Code 1896,
§2637; Code 1907, §4626; Code 1923, §8570; Code 1940, T. 13, §6.)...
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