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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12-22-220
Section 12-22-220 By whom and when granted; duty of clerk of court. (a) A writ of error on
any judgment entered in a criminal case may issue on an order to that effect by any one of
the judges of the appropriate appellate court in vacation or by the appropriate appellate
court in term time, addressed to the clerk of the court in which the judgment was entered,
but such writ must only be granted on some error of law apparent on the record on appeal.
(b) On the filing of such order with the clerk of the court in which the judgment was entered,
such clerk must give the party filing it a certificate of the filing thereof, make out a writ
of error and a transcript of the record and proceedings had in the cause, attach his certificate
and the writ of error to such transcript and deliver the same, on demand, to the party suing
out the writ, or to his attorney. (Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code
1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252,...
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18-1A-233
Section 18-1A-233 Restitution of property and damages. If the action is dismissed for any reason,
and the defendant has vacated the property under an order of possession or in reasonable contemplation
of its taking by the plaintiff, the circuit court, upon demand of the defendant, shall order
the plaintiff to (1) deliver possession of the property to the defendant or other person entitled
thereto, and (2) pay damages to the defendant as justice requires, including damages for any
injury to or impairment of the value of the property not within the reasonable control of
the defendant. (Acts 1985, No. 85-548, p. 802, §1304.)...
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6-6-81
Section 6-6-81 Notice of levy - Nonresident defendant. When an attachment is sued out against
a nonresident of the state, the writ shall be returned to the clerk of the court as soon as
levied upon the property of the defendant, and thereupon the clerk shall cause a notice of
the attachment and levy on the defendant's property to be advertised once a week for three
successive weeks in some newspaper of general circulation in the county in which the property
is found, a copy of which must be sent by mail to the defendant if his residence is known
or can be ascertained; and, when such publication is perfected, the case shall stand for trial
at any time after the expiration of 30 days thereafter. (Code 1852, §2510; Code 1867, §2934;
Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179;
Code 1940, T. 7, §852.)...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The basis of
all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment,
writ of error, or in any other case, is to ensure the appearance of the defendant in court,
and the undertaking is forfeited by the failure of the defendant to appear. If, by reason
of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to the officer, official, or employee authorized by law to receive
fines levied by the court. The court shall then, without any notice to defendant, render judgment
absolute for the entire sum deposited and the money shall then become public money of the
State General Fund or in bail forfeiture cases pending in the municipal courts...
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12-22-173
Section 12-22-173 Waiver of stayed sentence; duty of clerk; effect on appeal. In all cases
where there is judgment staying sentence, at any time before the record on appeal has been
forwarded to the clerk of the appellate court, the defendant, in person or by his attorney,
may waive the benefit of the stayed sentence by filing in the office of the clerk of the court
in which the case was tried a statement in writing to that effect, signed by himself or his
attorney of record. The clerk must then enter the fact and date of such waiver of stay of
sentence upon the margin of the record of the judgment and shall report said convict to the
board of corrections as in cases where there is no judgment or stay of sentence, but such
waiver of the stay shall not affect the appeal. (Code 1923, §3242; Code 1940, T. 15, §373.)...

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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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15-18-144
Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld
or attached. (a) Any provision of any law of this state to the contrary notwithstanding and
in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any decree, judgment, or order requiring the payment
of restitution may include, upon motion of the victim, district attorney, the Attorney General,
or the court, an order requiring that any asset or other income or any portion thereof to
which a defendant is or may be entitled be withheld or attached, and such order may also require
any person in real or constructive possession, custody, or control thereof to pay over, deliver,
convey, transfer, or assign the same to the clerk of the court for disbursement, transfer,
or assignment to the victim in accordance with the defendant's restitution obligation. If
the prison authority reasonably believes that the defendant's...
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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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