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, that if a state […]
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 proceedings, involving the […]
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 […]
Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of financial information; estimate of costs and fees. Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have the defendant or petitioner brought before him and shall examine the defendant or […]
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 defendant or petitioner, and it shall be […]
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 he […]
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 […]
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and transmission thereof to state Comptroller. If it appears to the trial court, after full investigation, that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure same, to pay the court reporter all of his lawful […]
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 […]
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, the Supreme Court or the Court of […]
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 adopted shall have the force […]
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. Expenditures from said […]
