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https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-2/section-12-22-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 2 - Appeals From Probate Court.›Section 12-22-24 - Bond on Appeal of Order Removing Executor or Administrator. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-24 - Bond on Appeal of Order Removing Executor or Administrator. | Section 12-22-24
Bond on appeal of order removing executor or administrator.
(a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a cash bond or a bond with at least two good and sufficient sureties, payable to the probate judge and in th... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-2/section-12-22-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 2 - Appeals From Probate Court.›Section 12-22-25 - Security for Costs of Appeal. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-25 - Security for Costs of Appeal. | Section 12-22-25
Security for costs of appeal.
In all other cases in which an appeal is taken under the provisions of this division, the appellant, or someone for him, must give security for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit court, as the case may be, and the name... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-2/section-12-22-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 2 - Appeals From Probate Court.›Section 12-22-26 - Appeals by Next Friends or Guardians of Minors or Persons of Unsound Mind. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-26 - Appeals by Next Friends or Guardians of Minors or Persons of Unsound Mind. | Section 12-22-26
Appeals by next friends or guardians of minors or persons of unsound mind.
The next friend or general guardian of a minor or of a person of unsound mind may, in the name of such minor or person of unsound mind, take and prosecute an appeal from any final decree of the probate court or from any judgment... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-2/section-12-22-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 2 - Appeals From Probate Court.›Section 12-22-27 - Reimbursement of Costs From Estate of Testator, Etc. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-27 - Reimbursement of Costs From Estate of Testator, Etc. | Section 12-22-27
Reimbursement of costs from estate of testator, etc.
The costs of an appeal, when paid by an executor or administrator, guardian or guardian ad litem, or next friend or an administrator ad litem, may, in the discretion of the probate judge, be reimbursed from the estate of the testator, intestate, infa... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-3/section-12-22-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 3 - Bonds and Security for Costs on Appeal.›Section 12-22-40 - Recording of Order Fixing Supersedeas Bond; Failure to Make or Record Same. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 3 - Bonds and Security for Costs on Appeal. › Section 12-22-40 - Recording of Order Fixing Supersedeas Bond; Failure to Make or Record Same. | Section 12-22-40
Recording of order fixing supersedeas bond; failure to make or record same.
The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register on the minutes of the court, but the fa... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-3/section-12-22-41/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 3 - Bonds and Security for Costs on Appeal.›Section 12-22-41 - Liability to Appellee for Taking Insufficient Surety. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 3 - Bonds and Security for Costs on Appeal. › Section 12-22-41 - Liability to Appellee for Taking Insufficient Surety. | Section 12-22-41
Liability to appellee for taking insufficient surety.
For taking insufficient surety, the clerk, register or probate judge is liable to the appellee for the damages thereby sustained, unless the surety was generally reputed good for the amount when he was received; but the clerk, register or probate ju... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-4/section-12-22-60/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 4 - Record on Appeal.›Section 12-22-60 - Liability of Clerk, Register or Probate Judge for Delayed or Defective Record. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 4 - Record on Appeal. › Section 12-22-60 - Liability of Clerk, Register or Probate Judge for Delayed or Defective Record. | Section 12-22-60
Liability of clerk, register or probate judge for delayed or defective record.
If, by reason of negligence or delay of the clerk, register or probate judge, the record on appeal is not delivered to the clerk of the appellate court in time to be filed or if the record on appeal is so defective that the ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-5/section-12-22-70/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 5 - Disposition of Appeals.›Section 12-22-70 - Procedure Upon Reversal of Judgment or Decree. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-70 - Procedure Upon Reversal of Judgment or Decree. | Section 12-22-70
Procedure upon reversal of judgment or decree.
The appellate court may, upon the reversal of any judgment or decree, remand the same for further proceedings or enter such judgment or decree as the court below should have entered or rendered, when the record enables it to do so.
(Code 1852, §3034; Code ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-5/section-12-22-71/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 5 - Disposition of Appeals.›Section 12-22-71 - Proceedings When Only Amount of Judgment Excessive. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-71 - Proceedings When Only Amount of Judgment Excessive. | Section 12-22-71
Proceedings when only amount of judgment excessive.
When an appeal is taken to the appropriate appellate court from the judgment of any court and the appellate court shall be of the opinion that the case should be reversed because the judgment of the lower court is excessive and that there is no other ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-5/section-12-22-72/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 5 - Disposition of Appeals.›Section 12-22-72 - Affirmation of Stayed Judgment - Generally. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-72 - Affirmation of Stayed Judgment - Generally. | Section 12-22-72
Affirmation of stayed judgment - Generally.
When a judgment or decree is entered or rendered for money, whether debt or damages, and the same has been stayed on appeal by the execution of bond, with surety, if the appellate court affirms the judgment of the court below, it must also enter judgment agai... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-5/section-12-22-73/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 5 - Disposition of Appeals.›Section 12-22-73 - Affirmation of Stayed Judgment - Right of Property. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-73 - Affirmation of Stayed Judgment - Right of Property. | Section 12-22-73
Affirmation of stayed judgment - Right of property.
When an appeal is taken on a trial of the right of property and the judgment is stayed by the execution of a supersedeas bond, if the appellate court affirms the judgment of the court below, it must also enter judgment against the obligors in said bon... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-5/section-12-22-73-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 5 - Disposition of Appeals.›Section 12-22-73.1 - Applicability of 1987 Amendment to Sections 12-22-72 and 12-22-73. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-73.1 - Applicability of 1987 Amendment to Sections 12-22-72 and 12-22-73. | Section 12-22-73.1
Applicability of 1987 amendment to Sections 12-22-72 and 12-22-73.
On the effective date of Act No. 87-188 [June 11, 1987], the provisions contained therein shall apply to all causes of action not yet filed, any lawsuit upon which any judgment has not been rendered and/or all judgments which have not... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-5/section-12-22-74/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 5 - Disposition of Appeals.›Section 12-22-74 - Affirmation of Stayed Judgment - Recovery of Chattels in Specie. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-74 - Affirmation of Stayed Judgment - Recovery of Chattels in Specie. | Section 12-22-74
Affirmation of stayed judgment - Recovery of chattels in specie.
Upon the affirmance of a judgment for the recovery of chattels in specie, judgment for which has been stayed by the execution of a supersedeas bond, the court must also enter judgment against the obligors in said bond for 10 percent of th... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-5/section-12-22-75/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 5 - Disposition of Appeals.›Section 12-22-75 - Execution Upon Dismissal of Appeal or Affirmation of Judgment, Etc. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-75 - Execution Upon Dismissal of Appeal or Affirmation of Judgment, Etc. | Section 12-22-75
Execution upon dismissal of appeal or affirmation of judgment, etc.
When an appeal shall be prosecuted from a judgment to the appropriate appellate court and such appeal is dismissed or the judgment is affirmed, upon a certificate of judgment of the appellate court being filed in the office of the cler... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-1/division-5/section-12-22-76/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 1 - General Provisions›Division 5 - Disposition of Appeals.›Section 12-22-76 - Execution by Lower Courts for Unpaid Costs. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-76 - Execution by Lower Courts for Unpaid Costs. | Section 12-22-76
Execution by lower courts for unpaid costs.
Clerks of the circuit court and probate judges, when cases have been taken from their respective courts to an appellate court by appeal or other lawful mode and been there decided, if the costs accruing in such lower courts for transcripts, or otherwise, are ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-1/section-12-22-90/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 1 - General Provisions.›Section 12-22-90 - Appeals in Habeas Corpus. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 1 - General Provisions. › Section 12-22-90 - Appeals in Habeas Corpus. | Section 12-22-90
Appeals in habeas corpus.
(a) Any party aggrieved by the judgment on the trial of a habeas corpus may appeal to the appropriate appellate court.
(b) The district attorney or other prosecuting officer or attorney may take an appeal on behalf of the state to the appropriate appellate court when, on habea... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-1/section-12-22-91/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 1 - General Provisions.›Section 12-22-91 - Appeal When Statute Under Which Prosecution Preferred Held Unconstitutional. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 1 - General Provisions. › Section 12-22-91 - Appeal When Statute Under Which Prosecution Preferred Held Unconstitutional. | Section 12-22-91
Appeal when statute under which prosecution preferred held unconstitutional.
In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf of the state to the Supreme Court,... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-2/division-1/section-12-22-111/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 2 - Appeals to Specific Courts.›Division 1 - Appeals to Circuit Courts.›Section 12-22-111 - Issuance, Execution and Return of Subpoenas for Witnesses; Liab... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 1 - Appeals to Circuit Courts. › Section 12-22-111 - Issuance, Execution and Return of Subpoenas for Witnesses; Liability of Witnesses Failing to Appear. | Section 12-22-111
Issuance, execution and return of subpoenas for witnesses; liability of witnesses failing to appear.
In cases of appeal, the clerk of the court shall issue subpoenas for such witnesses as may be required, both for the state and for the accused, returnable to the next session of the court to which the ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-2/division-1/section-12-22-112/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 2 - Appeals to Specific Courts.›Division 1 - Appeals to Circuit Courts.›Section 12-22-112 - Liability of Defendant Failing to Appear; Warrant of Arrest. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 1 - Appeals to Circuit Courts. › Section 12-22-112 - Liability of Defendant Failing to Appear; Warrant of Arrest. | Section 12-22-112
Liability of defendant failing to appear; warrant of arrest.
(a) If the defendant fails to appear at the circuit court as required by the appeal bond, he shall be liable to the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court, and a new warrant of arrest may i... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-2/division-1/section-12-22-113/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 2 - Appeals to Specific Courts.›Division 1 - Appeals to Circuit Courts.›Section 12-22-113 - De Novo Trial in Circuit Court; Statement of Cause of Complaint... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 1 - Appeals to Circuit Courts. › Section 12-22-113 - De Novo Trial in Circuit Court; Statement of Cause of Complaint. | Section 12-22-113
De novo trial in circuit court; statement of cause of complaint.
The trial in the circuit court shall be de novo and without any indictment or presentment by the grand jury, but the district attorney shall make a brief statement of the cause of complaint signed by him, which maybe in the following for... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-2/division-1/section-12-22-114/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 2 - Appeals to Specific Courts.›Division 1 - Appeals to Circuit Courts.›Section 12-22-114 - Rules as to Evidence, etc., Governing Appeals. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 1 - Appeals to Circuit Courts. › Section 12-22-114 - Rules as to Evidence, etc., Governing Appeals. | Section 12-22-114
Rules as to evidence, etc., governing appeals.
On the trial of such appeals, the court shall be governed by the same rules as to evidence, practice, finding of the jury and punishment as if the case had originated in that court.
(Code 1852, §510; Code 1867, §4060; Code 1876, §4730; Code 1886, §4232; C... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-2/division-2/section-12-22-130/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 2 - Appeals to Specific Courts.›Division 2 - Appeals to Supreme Court or Court of Criminal Appeals.›Section 12-22-130 - Appealing Judgment of Conviction. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 2 - Appeals to Supreme Court or Court of Criminal Appeals. › Section 12-22-130 - Appealing Judgment of Conviction. | Section 12-22-130
Appealing judgment of conviction.
A person convicted of a criminal offense in the circuit court or other court from which an appeal lies directly to the Supreme Court or Court of Criminal Appeals may appeal from the judgment of conviction to the appropriate appellate court.
(Code 1896, §4313; Code 190... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-2/division-2/section-12-22-131/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 2 - Appeals to Specific Courts.›Division 2 - Appeals to Supreme Court or Court of Criminal Appeals.›Section 12-22-131 - Review in Court of Criminal Appeals... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 2 - Appeals to Supreme Court or Court of Criminal Appeals. › Section 12-22-131 - Review in Court of Criminal Appeals; When Appeal Taken to Wrong Court; Deci... | 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 ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-2/division-2/section-12-22-132/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 2 - Appeals to Specific Courts.›Division 2 - Appeals to Supreme Court or Court of Criminal Appeals.›Section 12-22-132 - Reserving Questions of Law; Presump... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 2 - Appeals to Supreme Court or Court of Criminal Appeals. › Section 12-22-132 - Reserving Questions of Law; Presumption That Written Charges Asked Before J... | 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 considerat... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-2/division-2/section-12-22-133/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 2 - Appeals to Specific Courts.›Division 2 - Appeals to Supreme Court or Court of Criminal Appeals.›Section 12-22-133 - Retention of Jurisdiction by Trial ... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 2 - Appeals to Supreme Court or Court of Criminal Appeals. › Section 12-22-133 - Retention of Jurisdiction by Trial Court. | Section 12-22-133
Retention of jurisdiction by trial court.
Where an appeal is taken from the judgment of any municipal, district or circuit court in criminal cases, the trial court retains jurisdiction for the purpose of granting a motion for a new trial and also retains jurisdiction for the purpose of enforcing its j... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-3/section-12-22-150/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 3 - Automatic Appeal From Death Sentence.›Section 12-22-150 - Duty of Trial Judge to Enter Appeal; Automatic Stay of Execution; How Appeal Gov... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 3 - Automatic Appeal From Death Sentence. › Section 12-22-150 - Duty of Trial Judge to Enter Appeal; Automatic Stay of Execution; How Appeal Governed. | Section 12-22-150
Duty of trial judge to enter appeal; automatic stay of execution; how appeal governed.
In all cases wherein a defendant is tried and convicted for the commission of a felony against the peace and dignity of the State of Alabama and the death sentence is imposed, it shall be the duty of the trial judge... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-4/section-12-22-170/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 4 - Stays Pending Appeal.›Section 12-22-170 - Stay of Sentence When Question of Law Reserved and Admission to Bail - Felonies. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 4 - Stays Pending Appeal. › Section 12-22-170 - Stay of Sentence When Question of Law Reserved and Admission to Bail - Felonies. | Section 12-22-170
Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered against the defend... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-4/section-12-22-171/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 4 - Stays Pending Appeal.›Section 12-22-171 - Stay of Sentence When Question of Law Reserved and Admission to Bail - Misdemean... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 4 - Stays Pending Appeal. › Section 12-22-171 - Stay of Sentence When Question of Law Reserved and Admission to Bail - Misdemeanors. | Section 12-22-171
Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered on the convic... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-4/section-12-22-172/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 4 - Stays Pending Appeal.›Section 12-22-172 - Stays of Execution on Confessed Judgments in Misdemeanors. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 4 - Stays Pending Appeal. › Section 12-22-172 - Stays of Execution on Confessed Judgments in Misdemeanors. | Section 12-22-172
Stays of execution on confessed judgments in misdemeanors.
In the case of a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and costs as if no appeal were taken, but execution thereon must be stayed pending the appeal, pursuant to the Alabama Rules of Appellate Pr... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-4/section-12-22-173/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 4 - Stays Pending Appeal.›Section 12-22-173 - Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 4 - Stays Pending Appeal. › Section 12-22-173 - Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal. | 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 b... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-190/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-190 - Purpose of Division. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-190 - Purpose of Division. | Section 12-22-190
Purpose of division.
The Legislature is aware that it has become settled law that a state may or may not authorize appeals from judgments of convictions in criminal cases and certain other related proceedings involving the life, liberty or property of a person convicted of a criminal offense; further,... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-191/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-191 - Applicability of Division. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-191 - Applicability of Division. | 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 proc... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-192/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-192 - Petition for Appeal Under Division; Contents Thereof. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-192 - Petition for Appeal Under Division; Contents Thereof. | 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 afte... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-193/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-193 - Examination of Petitioner; Subpoena of Witnesses; Ascertainment of Financial Inf... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-193 - Examination of Petitioner; Subpoena of Witnesses; Ascertainment of Financial Information; Estimate of Costs and Fees. | 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 ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-194/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-194 - Report on Financial Condition of Petitioner. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-194 - Report on Financial Condition of Petitioner. | Section 12-22-194
Report on financial condition of petitioner.
The trial court, either before, after or during said hearing, may designate a probation officer of the court or may designate the county Department of Human Resources to make inquiry and ascertain facts concerning the financial condition and ability of defe... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-195/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-195 - Burden of Proof as to Sufficient Funds. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-195 - Burden of Proof as to Sufficient Funds. | Section 12-22-195
Burden of proof as to sufficient funds.
The burden shall be upon the convicted defendant or petitioner to satisfy the trial judge that said defendant or petitioner is without said sufficient funds and has no reasonable way to procure the same. If the trial judge is in doubt after such investigation as... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-196/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-196 - Entry of Findings on Minutes of Court. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-196 - Entry of Findings on Minutes of Court. | Section 12-22-196
Entry of findings on minutes of court.
If the trial judge is satisfied that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, necessary for the payment of court reporters' fees or the clerks' fees, he shall cause said finding to be entered on the m... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-197/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-197 - Order to Prepare Record on Appeal; Order Authorizing Payment of Fees and Transmi... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-197 - Order to Prepare Record on Appeal; Order Authorizing Payment of Fees and Transmission Thereof to State Comptroller. | 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 repo... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-198/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-198 - Appeals From Denial of Petition or Where Parts of Record Ordered Transcribed Dee... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-198 - Appeals From Denial of Petition or Where Parts of Record Ordered Transcribed Deemed Inadequate. | 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... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-199/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-199 - Judgment for Costs Against Petitioner When Appeal Unfavorable; Payment Thereof I... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-199 - Judgment for Costs Against Petitioner When Appeal Unfavorable; Payment Thereof Into General Fund; Liability for Payment. | Section 12-22-199
Judgment for costs against petitioner when appeal unfavorable; payment thereof into General Fund; liability for payment.
In appeals taken under the provisions of this division, if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably to the defendant or petitioner, ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-200/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-200 - Rules and Regulations. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-200 - Rules and Regulations. | Section 12-22-200
Rules and regulations.
The Supreme Court of the State of Alabama, with the advice and consultation with the Court of Criminal Appeals of Alabama, is authorized to adopt all needful rules and regulations designed to accomplish the purposes set forth in this division; such rules and regulations duly ado... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-5/section-12-22-201/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 5 - Providing Record on Appeal for Indigents.›Section 12-22-201 - Annual Appropriation; Approval of Governor for Disbursement. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-201 - Annual Appropriation; Approval of Governor for Disbursement. | Section 12-22-201
Annual appropriation; approval of Governor for disbursement.
There is hereby appropriated annually out of the General Fund of the State Treasury the sum of $15,000.00, not to be exceeded in any one fiscal year, to pay said court reporters and clerks and to carry out the provisions of this division. Ex... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-6/section-12-22-220/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 6 - Writs of Error.›Section 12-22-220 - By Whom and When Granted; Duty of Clerk of Court. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 6 - Writs of Error. › Section 12-22-220 - By Whom and When Granted; Duty of Clerk of Court. | 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 th... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-6/section-12-22-221/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 6 - Writs of Error.›Section 12-22-221 - Entry of Order on Court's Minutes; Dismissal if Not Prosecuted to Term Returnabl... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 6 - Writs of Error. › Section 12-22-221 - Entry of Order on Court's Minutes; Dismissal if Not Prosecuted to Term Returnable. | Section 12-22-221
Entry of order on court's minutes; dismissal if not prosecuted to term returnable.
When a writ of error is awarded by a judge of an appellate court in vacation, such judge must cause an entry of such order to be made on the minutes of the court at its next term, and if any writ of error is not prosecu... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-6/section-12-22-222/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 6 - Writs of Error.›Section 12-22-222 - Stay of Proceedings on Judgment; Admission of Defendant to Bail; Proceedings on... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 6 - Writs of Error. › Section 12-22-222 - Stay of Proceedings on Judgment; Admission of Defendant to Bail; Proceedings on Failure to Appear. | Section 12-22-222
Stay of proceedings on judgment; admission of defendant to bail; proceedings on failure to appear.
(a) If the defendant is in the custody of the sheriff and the order allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being served with the clerk's certificate that th... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-7/section-12-22-240/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 7 - Disposition of Appeals.›Section 12-22-240 - Consideration of Cases by Court of Criminal Appeals Generally. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-240 - Consideration of Cases by Court of Criminal Appeals Generally. | Section 12-22-240
Consideration of cases by Court of Criminal Appeals generally.
In all cases appealable to the Court of Criminal Appeals, the court must consider all questions apparent on the record or reserved in the circuit court and must enter such judgment as the law demands.
(Code 1876, §4990; Code 1886, §4509; C... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-7/section-12-22-241/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 7 - Disposition of Appeals.›Section 12-22-241 - Consideration of Automatic Appeals; Reversal of Judgment and Granting of New Tri... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-241 - Consideration of Automatic Appeals; Reversal of Judgment and Granting of New Trial. | Section 12-22-241
Consideration of automatic appeals; reversal of judgment and granting of new trial.
In all cases of automatic appeals, the appellate court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of the appellant and may reverse thereon, even though no objection was ... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-7/section-12-22-242/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 7 - Disposition of Appeals.›Section 12-22-242 - Reversal of Judgment. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-242 - Reversal of Judgment. | Section 12-22-242
Reversal of judgment.
If the judgment is reversed, the appellate court may order a new trial or that the defendant be discharged or that he be held in custody until discharged by due course of law or make such other order as the case may require. If the defendant is ordered to be discharged, no forfei... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-7/section-12-22-243/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 7 - Disposition of Appeals.›Section 12-22-243 - Affirmation of Judgment in Capital Cases. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-243 - Affirmation of Judgment in Capital Cases. | Section 12-22-243
Affirmation of judgment in capital cases.
Upon affirmation of a judgment carrying the death penalty, the Court of Criminal Appeals must direct the sentence to be executed and, if the day appointed for the execution of the sentence has passed, must specify a day for the execution of the sentence, and t... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-7/section-12-22-244/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 7 - Disposition of Appeals.›Section 12-22-244 - Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismiss... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-244 - Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismissal of Appeal. | Section 12-22-244
Duty of defendant on bail to surrender upon affirmation of conviction or dismissal of appeal.
When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-7/section-12-22-245/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 7 - Disposition of Appeals.›Section 12-22-245 - Effect of Undertaking When Conviction Reversed and Case Remanded. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-245 - Effect of Undertaking When Conviction Reversed and Case Remanded. | Section 12-22-245
Effect of undertaking when conviction reversed and case remanded.
When the judgment of conviction is reversed and the case remanded, such undertaking binds the defendant to appear from time to time until discharged by law and to answer the charge, as in bail before conviction, but the defendant is not... |
https://law.justia.com/codes/alabama/title-12/chapter-22/article-2/division-7/section-12-22-246/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 22 - Appellate Proceedings.›Article 2 - Criminal Cases.›Division 7 - Disposition of Appeals.›Section 12-22-246 - Proceedings When Undertaking Forfeited. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-246 - Proceedings When Undertaking Forfeited. | Section 12-22-246
Proceedings when undertaking forfeited.
When any undertaking of bail under the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant to surrender himself to the sheriff or to appear and answer the charge, according to the terms and effect of such undertaking, the s... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-1 - Short Title. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-1 - Short Title. | Section 12-23-1
Short title.
This chapter shall be known as the "Mandatory Treatment Act of 1990."
(Acts 1990, No. 90-390, p. 537, §1.) |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-2 - Legislative Findings and Intent. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-2 - Legislative Findings and Intent. | Section 12-23-2
Legislative findings and intent.
The Legislature finds that the high incidence of crimes which directly involve alcohol and drugs in this state is intolerable; that the problems of alcohol and drug abuse among the citizens of Alabama are extensive and exist at an unacceptable level; that alcohol and/or ... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-3 - Definitions. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-3 - Definitions. | Section 12-23-3
Definitions.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section:
(1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses, including municipal ordinance violations, in which alcohol and drug abuse is determined from the evidence to have been a factor i... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-4 - Court Referral Officers or Contracting Entities; Appointment; Supervision by Admin... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-4 - Court Referral Officers or Contracting Entities; Appointment; Supervision by Administrative Director of Courts and Circuit Judges; Compensation; Duties. | Section 12-23-4
Court referral officers or contracting entities; appointment; supervision by Administrative Director of Courts and circuit judges; compensation; duties.
(a) The Administrative Director of Courts is authorized to appoint court referral officers or contract with individuals or entities to provide alcohol ... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-5 - Request to Enroll in Program in Lieu of Drug Prosecution; Guidelines; Conditions. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-5 - Request to Enroll in Program in Lieu of Drug Prosecution; Guidelines; Conditions. | Section 12-23-5
Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district attorney having jurisdiction over the o... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-6 - Authority of Courts to Refer Defendants to Education And/or Treatment Program. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-6 - Authority of Courts to Refer Defendants to Education And/or Treatment Program. | Section 12-23-6
Authority of courts to refer defendants to education and/or treatment program.
In order to effect the purposes of this chapter, all courts exercising jurisdiction over alcohol and drug related offenses shall be authorized to refer a defendant to a court referral program for evaluation and referral to an... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-7 - Mandatory Drug Testing at Own Expense for Person Convicted of Alcohol or Drug-Rela... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-7 - Mandatory Drug Testing at Own Expense for Person Convicted of Alcohol or Drug-Related Offenses and Placed on Probation or Parole; Treatment for Persons Who Fail Test; Indigents Not R... | Section 12-23-7
Mandatory drug testing at own expense for person convicted of alcohol or drug-related offenses and placed on probation or parole; treatment for persons who fail test; indigents not required to pay.
Any person who is convicted of an alcohol or drug-related offense and who is placed on probation or parole... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-8 - Enforcement. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-8 - Enforcement. | Section 12-23-8
Enforcement.
Compliance with any order authorized pursuant to this chapter relating to education and/or treatment may be enforced by the court through exercise of its contempt powers; or, where made a condition of probation, by revocation thereof for non-compliance.
(Acts 1990, No. 90-390, p. 537, §8.) |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-9 - Department of Mental Health to Develop Policies and Procedures; Certification. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-9 - Department of Mental Health to Develop Policies and Procedures; Certification. | Section 12-23-9
Department of Mental Health to develop policies and procedures; certification.
The Department of Mental Health shall develop policies and procedures which shall be followed in the treatment of offenders. These programs shall be certified by the Alabama Department of Mental Health or the Joint Commission... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-10 - Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established; Use. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-10 - Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established; Use. | Section 12-23-10
Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established; use.
The Alcohol and Drug Abuse Court Referral Officer Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall be used for operation of the alcohol and drug abuse court referral office... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-11 - Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose of Expenditure... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-11 - Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose of Expenditures; Effect on Other Appropriations. | Section 12-23-11
Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose of expenditures; effect on other appropriations.
Moneys contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund shall be expended by the Administrative Director of Courts for purposes set out in Section 12-23-4. Approp... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-12 - Court Referral Officer Assessment Fee. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-12 - Court Referral Officer Assessment Fee. | Section 12-23-12
Court referral officer assessment fee.
In addition to the imposition of any other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult or adjudicated a youthful offender or juvenile delinquent based on the offense of driving under the influence or other alcohol or drug r... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-13 - Monitoring Fee. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-13 - Monitoring Fee. | Section 12-23-13
Monitoring fee.
Any alcohol or drug-related offender referred for assessment and placed on probation by the judge shall pay a monitoring fee to the court referral officer which shall also be remitted to the State Treasurer by the court referral officer by the tenth day of each month as set out in Secti... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-14 - Eligibility of Court Referral Programs to Receive Payments From Fund. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-14 - Eligibility of Court Referral Programs to Receive Payments From Fund. | Section 12-23-14
Eligibility of court referral programs to receive payments from fund.
The Administrative Office of Courts shall establish criteria to determine eligibility of court referral programs to receive payment from the Court Referral Officer Trust Fund. All Alabama TASC programs which meet the national TASC cr... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-15 - Indigent Offender Alcohol and Drug Treatment Trust Fund - Established Fee; Sancti... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-15 - Indigent Offender Alcohol and Drug Treatment Trust Fund - Established Fee; Sanctions for Failure to Remit Fees. | Section 12-23-15
Indigent Offender Alcohol and Drug Treatment Trust Fund - Established fee; sanctions for failure to remit fees.
The Indigent Offender Alcohol and Drug Treatment Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall provide for payment to eligible alcohol... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-16 - Indigent Offender Alcohol and Drug Treatment Fund - Criteria for Eligibility of P... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-16 - Indigent Offender Alcohol and Drug Treatment Fund - Criteria for Eligibility of Programs to Receive Payment From Fund. | Section 12-23-16
Indigent Offender Alcohol and Drug Treatment Fund - Criteria for eligibility of programs to receive payment from fund.
The Department of Mental Health and Mental Retardation shall establish criteria to determine which treatment programs shall be eligible to receive payment for treatment services for in... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-17 - Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of Expenditures... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-17 - Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of Expenditures. | Section 12-23-17
Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of expenditures.
Moneys contained in the Indigent Offender Trust Fund shall be expended by the Commissioner of Mental Health for purposes set out in Section 12-23-15. Such moneys shall be used and expended by the Commissioner of Mental H... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-18 - Waiver of Payment of Fees for Indigents; Revocation of Waiver; Community Service... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-18 - Waiver of Payment of Fees for Indigents; Revocation of Waiver; Community Service in Lieu of Payment. | Section 12-23-18
Waiver of payment of fees for indigents; revocation of waiver; community service in lieu of payment.
Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of fees is granted, such waiver shall be limited... |
https://law.justia.com/codes/alabama/title-12/chapter-23/section-12-23-19/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.›Section 12-23-19 - Exemption From Liability. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-19 - Exemption From Liability. | Section 12-23-19
Exemption from liability.
The directors, employees of the Administrative Office of Courts, including the Administrative Director of Courts, and the employees of the Department of Mental Health, including the Commissioner of Mental Health, shall be exempt from civil liability for alleged acts of ordinar... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-1 - Short Title. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-1 - Short Title. | Section 12-23A-1
Short title.
This chapter shall be known and may be cited as the Alabama Drug Offender Accountability Act.
(Act 2010-754, p. 1909, §1.) |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-2 - Definitions. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-2 - Definitions. | Section 12-23A-2
Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) ADVISORY COMMITTEE. A local committee which may consist of the following members or their designees:
a. The drug court judge, who shall serve as chair.
b. The district attorney.
c. The public defender or a ... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-3 - Legislative Intent. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-3 - Legislative Intent. | Section 12-23A-3
Legislative intent.
(a) The Legislature recognizes that a critical need exists in this state for the criminal justice system to more effectively address the number of defendants who are involved with substance abuse or addiction. For the criminal justice system to maintain credibility, court and commun... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-4 - Establishment of Drug Court; Participation; Incentives and Sanctions; Components;... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-4 - Establishment of Drug Court; Participation; Incentives and Sanctions; Components; Drug Court Team and Advisory Committee; Coordinator. | Section 12-23A-4
Establishment of drug court; participation; incentives and sanctions; components; drug court team and advisory committee; coordinator.
(a)(1) The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under whi... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-5 - Drug Tests; Screening; Confidentiality of Information; Criteria for Participation... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-5 - Drug Tests; Screening; Confidentiality of Information; Criteria for Participation. | Section 12-23A-5
Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed drug tests as a condition of pretrial release.
(b) A drug offender shall be required to undergo a screening under any of the fo... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-6 - Assessments and Recommendations; Treatment Services. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-6 - Assessments and Recommendations; Treatment Services. | Section 12-23A-6
Assessments and recommendations; treatment services.
(a) As part of the assessment, each jurisdiction shall establish a system to ensure that drug offenders are placed into a substance abuse treatment program approved by the Department of Mental Health. To accomplish this, the entity conducting the ass... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-7 - Drug Testing Procedures. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-7 - Drug Testing Procedures. | Section 12-23A-7
Drug testing procedures.
(a) The drug court team shall ensure fair, accurate, and reliable drug testing procedures.
(b) The drug offender shall be ordered to submit to frequent, random, and observed drug testing to monitor abstinence.
(c) The results of all drug tests shall be provided to the drug cour... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-8 - Transfers Between Drug Courts. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-8 - Transfers Between Drug Courts. | Section 12-23A-8
Transfers between drug courts.
Any drug court in this state may transfer to or accept transfer from any other drug court in this state, as well as any drug court in any other state which is a part of the Interstate Compact for Adult Offender Supervision, any drug offender for admission into the respect... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-9 - Functions of Administrative Office of Courts. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-9 - Functions of Administrative Office of Courts. | Section 12-23A-9
Functions of Administrative Office of Courts.
(a) The Administrative Office of Courts, hereinafter AOC, shall assist in the planning, implementation, and development of drug courts statewide. AOC shall make recommendations to the Alabama Supreme Court and the Chief Justice concerning the legal, policy,... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-10 - Collection and Maintenance of Information; Fees, Costs, and Restitution; Annual... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-10 - Collection and Maintenance of Information; Fees, Costs, and Restitution; Annual Audit. | Section 12-23A-10
Collection and maintenance of information; fees, costs, and restitution; annual audit.
(a) A drug court shall collect and maintain the following information for each drug offender that is considered for admission or admitted into drug court:
(1) Prior criminal history.
(2) Prior substance abuse treatm... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-11 - Liability. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-11 - Liability. | Section 12-23A-11
Liability.
(a) Absent negligence, wantonness, recklessness, or deliberate misconduct, any individual who, in good faith, provides services pursuant to this chapter, shall not be liable in any civil action. The grant of immunity provided for in this subsection shall extend to all employees, administrat... |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-12 - Construction of Chapter. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-12 - Construction of Chapter. | Section 12-23A-12
Construction of chapter.
Nothing in this chapter shall be construed to require a county commission or any county employee to participate in or fund in whole or in part the development or operation of a drug court program authorized in this chapter.
(Act 2010-754, p. 1909, §12.) |
https://law.justia.com/codes/alabama/title-12/chapter-23a/section-12-23a-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 23A - Alabama Drug Offender Accountability Act.›Section 12-23A-13 - Persons Ineligible to Participate. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-13 - Persons Ineligible to Participate. | Section 12-23A-13
Persons ineligible to participate.
A holder of a commercial driver's license, a commercial driver learner's permit holder, and any other operator of a commercial motor vehicle that is subject to Part 383 of the Federal Motor Carrier Safety Regulations shall be ineligible to participate in any drug cou... |
https://law.justia.com/codes/alabama/title-12/chapter-24/section-12-24-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 24 - Recusal for Campaign Contributions.›Section 12-24-1 - Recusal of Justice or Judge Due to Campaign Contributions. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 24 - Recusal for Campaign Contributions. › Section 12-24-1 - Recusal of Justice or Judge Due to Campaign Contributions. | Section 12-24-1
Recusal of justice or judge due to campaign contributions.
Repealed by Act 2014-455, §2, effective July 1, 2014.
(Acts 1995, No. 95-648, p. 1355, §1.) |
https://law.justia.com/codes/alabama/title-12/chapter-24/section-12-24-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 24 - Recusal for Campaign Contributions.›Section 12-24-2 - Filing by Judges, Justices, Parties, and Attorneys of Disclosure Statements Concer... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 24 - Recusal for Campaign Contributions. › Section 12-24-2 - Filing by Judges, Justices, Parties, and Attorneys of Disclosure Statements Concerning Campaign Contributions. | Section 12-24-2
Filing by judges, justices, parties, and attorneys of disclosure statements concerning campaign contributions.
Repealed by Act 2014-455, §2, effective July 1, 2014.
(Acts 1995, No. 95-648, p. 1355, §2.) |
https://law.justia.com/codes/alabama/title-12/chapter-24/section-12-24-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 24 - Recusal for Campaign Contributions.›Section 12-24-3 - Recusal of a Justice or Judge Due to Campaign Contribution; Rebuttable Presumption... | 2023 Code of Alabama › Title 12 - Courts. › Chapter 24 - Recusal for Campaign Contributions. › Section 12-24-3 - Recusal of a Justice or Judge Due to Campaign Contribution; Rebuttable Presumption; Appeal. | Section 12-24-3
Recusal of a justice or judge due to campaign contribution; rebuttable presumption; appeal.
(a) In any civil action, on motion of a party or on its own motion, a justice or judge shall recuse himself or herself from hearing a case if, as a result of a substantial campaign contribution or electioneering ... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-1 - Created. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-1 - Created. | Section 12-25-1
Created.
There is created within the judicial branch as an agency of the Supreme Court the Alabama Sentencing Commission, hereinafter called the "commission."
(Act 2000-596, p. 1192, §1.) |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-2 - Purpose. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-2 - Purpose. | Section 12-25-2
Purpose.
(a) The purposes of the commission shall be to review existing sentence structure, including laws, policies, and practices, and to determine and recommend to the Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and other aspects of sentencing policies and ... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-3 - Membership. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-3 - Membership. | Section 12-25-3
Membership.
(a) The commission shall consist of the following voting members:
(1) The Chief Justice of the Supreme Court, or at his or her designation, a sitting or retired judge, who shall serve as chair, or at his or her designation another member of the commission shall serve as chair.
(2) The Govern... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-4 - Advisory Council. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-4 - Advisory Council. | Section 12-25-4
Advisory council.
(a) An advisory council to the commission shall be established to advise and consult the commission on sentencing matters. The advisory council shall be composed of representatives from the various state and non-state agencies and organizations having an interest in or whose operations... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-5 - Compensation and Expenses. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-5 - Compensation and Expenses. | Section 12-25-5
Compensation and expenses.
(a) Members of the commission and advisory council shall serve without compensation.
(b) Members of the commission and advisory council are entitled to reimbursement for expenses while on official business of the commission or attending its meetings. Expenses shall be paid as ... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-6 - Meetings. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-6 - Meetings. | Section 12-25-6
Meetings.
(a) The commission shall meet quarterly at the State Capitol or at other places as is deemed necessary or convenient and at other times upon call of the chair. All meetings shall be open to the public. The advisory council shall convene at the discretion of the commission, but in any event sha... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-7 - Executive Committee. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-7 - Executive Committee. | Section 12-25-7
Executive committee.
The executive committee of the commission shall be composed of the chair and four other members selected by the commission and shall conduct business as authorized by the commission or as permitted in Section 12-25-12.
(Act 2000-596, p. 1192, §7.) |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-8 - Powers. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-8 - Powers. | Section 12-25-8
Powers.
The commission shall have the power to perform the functions as necessary to carry out the purposes of this article and may delegate power to any member or designated person. The commission may do all of the following:
(1) Submit appropriation requests to the Legislature.
(2) Serve as an agency ... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-9 - Duties. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-9 - Duties. | Section 12-25-9
Duties.
The commission shall have the following responsibilities:
(1) To review state sentencing structure, including laws, policies, and practices, and recommend changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish the purposes and objective... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-10 - Comprehensive Discretionary Sentencing Plan. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-10 - Comprehensive Discretionary Sentencing Plan. | Section 12-25-10
Comprehensive discretionary sentencing plan.
Before or during the 2003 Regular Legislative Session, the commission shall review the present sentencing structure, including laws, policies, and practices, and recommend for consideration in the 2003 Regular Session changes to the criminal code, criminal r... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-11 - Cooperation With Commission. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-11 - Cooperation With Commission. | Section 12-25-11
Cooperation with commission.
Agencies of the state government shall cooperate with the commission as necessary for the commission to carry out its responsibilities. Upon the request of the commission, each agency and department of the state shall make its services, equipment, personnel, facilities, and... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-1/section-12-25-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 1 - General Provisions.›Section 12-25-12 - Director; Employees. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-12 - Director; Employees. | Section 12-25-12
Director; employees.
(a) The Chief Justice shall appoint a director for the commission. The Chief Justice may also authorize other employee positions for the commission. The director and employees of the commission shall be paid from any funds appropriated to the commission and shall be employed in the... |
https://law.justia.com/codes/alabama/title-12/chapter-25/article-2/section-12-25-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 12 - Courts.›Chapter 25 - Alabama Sentencing Commission.›Article 2 - Alabama Sentencing Reform Act of 2003.›Section 12-25-30 - Short Title. | 2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 2 - Alabama Sentencing Reform Act of 2003. › Section 12-25-30 - Short Title. | Section 12-25-30
Short title.
This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003.
(Act 2003-354, p. 948, §1.) |
Subsets and Splits
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