reglab/housing_qa huggingface dataset:
AL Code § 12-22-171 (2021)
2021 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 12-22-171Stay 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 conviction, but the execution thereof must be stayed pending the appeal. In such case, the defendant may give bail, with sufficient sureties, conditioned that he will appear and abide the judgment; failing to give such bail, he must be committed to jail, but may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code 1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243; Code 1940, T. 15, §374.)
AL Code § 12-22-172 (2021)
2021 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 12-22-172Stays 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 Procedure. If the judgment of conviction is reversed, the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or the appeal is dismissed, execution on such confessed judgment may issue at once. (Code 1896, §4320; Code 1907, §6251; Code 1923, §3244; Code 1940, T. 15, §375.)
AL Code § 12-22-173 (2021)
2021 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 12-22-173Waiver of stayed sentence; duty of clerk; effect on appeal. In all cases where there is judgment staying sentence, at any time before the record on appeal has been forwarded to the clerk of the appellate court, the defendant, in person or by his attorney, may waive the benefit of the stayed sentence by filing in the office of the clerk of the court in which the case was tried a statement in writing to that effect, signed by himself or his attorney of record. The clerk must then enter the fact and date of such waiver of stay of sentence upon the margin of the record of the judgment and shall report said convict to the board of corrections as in cases where there is no judgment or stay of sentence, but such waiver of the stay shall not affect the appeal. (Code 1923, §3242; Code 1940, T. 15, §373.)
AL Code § 12-22-190 (2021)
2021 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 12-22-190Purpose 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 does provide for appeals in criminal cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are without funds and unable to pay the fees of the court reporter for transcribing the evidence or the fees of the clerk for preparing the record for review on appeal may be denied equal protection of the law or due process of law. It is the purpose of this division to provide such defendants or petitioners with a transcript of the evidence, or a part thereof, and a record for a proper and equal review in certain criminal cases and such other cases wherein it is made to appear that a convicted defendant is indigent and desires to take an appeal and obtain a judicial review of matters that occurred at his trial or hearing. (Acts 1961, Ex. Sess., No. 62, p. 1930, §1; Acts 1963, No. 525, p. 1129, §1.)
AL Code § 12-22-191 (2021)
2021 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 12-22-191Applicability 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 life, liberty or property of a person convicted of a criminal offense where an appeal is provided to the Supreme Court or Court of Criminal Appeals. (Acts 1961, Ex. Sess., No. 62, p. 1930, §2; Acts 1963, No. 525, p. 1129, §2.)
AL Code § 12-22-192 (2021)
2021 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 12-22-192Petition for appeal under division; contents thereof. In such criminal cases where the defendant has been adjudicated guilty by the trial court he may, if no motion for a new trial is filed within 10 days after the last day on which a motion for a new trial could have been filed or within 10 days after the ruling of the trial court upon a motion for a new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial judge of the court wherein such defendant was adjudicated guilty and sentenced a petition in writing, sworn to and subscribed by said defendant, stating that the defendant desires to take an appeal under the provisions of this division. Such petition must identify the style of the case, the offense for which the defendant was convicted, the plea made by the defendant, the date of the adjudication of guilt, the sentence and the punishment therefor and the name of the court imposing such punishment, together with the name of the trial judge. Such petition shall also contain the full name of the defendant, together with a statement that he desires to appeal either from the judgment of conviction or from the adverse ruling on the motion for a new trial, or both. Such petition must contain an averment that the defendant is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial of said case, or the fees of the clerk for preparing the record on appeal. In such other cases, including habeas corpus and coram nobis, which are related or collateral proceedings to a conviction of a criminal offense and which proceedings involve the life, liberty or property of a person convicted of a crime, the person convicted may, within 10 days after a judgment or order disposing of the proceedings adversely to said person, file with the clerk or the trial judge of the court making said order a similar petition describing and identifying the proceeding and stating the desire of the petitioner to appeal under the provisions of this division. (Acts 1961, Ex. Sess., No. 62, p. 1930, §3; Acts 1963, No. 525, p. 1129, §3.)
AL Code § 12-22-193 (2021)
2021 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 12-22-193Examination of petitioner; subpoena of witnesses; ascertainment of financial information; estimate of costs and fees. Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have the defendant or petitioner brought before him and shall examine the defendant or petitioner under oath concerning the required averment in the petition that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal. The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and may call upon the sheriff, the district attorney and other officers of the court to ascertain information relevant to the financial condition and ability of defendant or petitioner. The trial judge shall find from the court reporter or reporters who took stenographic notes at the trial or hearing a general estimate of the costs of transcribing the evidence and other proceedings occurring at the trial, or such part thereof as may be necessary to be transcribed to afford the appellate court with a record on appeal of sufficient completeness as a basis for a fair review of the points insisted upon by the defendant or petitioner and shall also ascertain from the clerk a general estimate of the amount of fees which will be due to said clerk incident to an appeal. (Acts 1961, Ex. Sess., No. 62, p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)
AL Code § 12-22-194 (2021)
2021 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 12-22-194Report 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 the duty of such agencies to investigate and file a written report of its findings with the trial judge. Such report shall state with certainty any and all sources from which the defendant or petitioner could be expected to obtain financial aid to pay such fees. (Acts 1961, Ex. Sess., No. 62, p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)
AL Code § 12-22-195 (2021)
2021 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 12-22-195Burden 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 deems proper, he shall deny such petition, in whole or in part, and state his reasons therefor and cause the same to be entered on the minutes of the court. (Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129, §6.)
AL Code § 12-22-196 (2021)
2021 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 12-22-196Entry 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 minutes of the court. If the trial judge finds to the contrary, he shall also cause said findings to be entered on the minutes of the court, stating his reasons therefor. If the trial judge finds that the defendant or petitioner is unable to pay all of the court reporter's fees or all of the clerk's fees but is able to pay a part, he shall cause to be entered upon the minutes of the court such finding and shall state his reasons therefor and state the amount in money that the defendant or petitioner can reasonably pay. (Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129, §6.)
AL Code § 12-22-197 (2021)
2021 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 12-22-197Order 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 fee for transcribing the evidence and other proceedings had at the trial or the fees of the clerk incident to an appeal or that the defendant or petitioner has reasonably available to him only enough funds to pay a part of such fees, he shall make and enter an order requiring the court reporter to transcribe all or such parts of evidence of the proceedings occurring at the trial that may be necessary to afford the appellate court a record of sufficient completeness for review and shall order the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter an order authorizing the payment of a sum certain to the court reporter of all or a part of his estimated fees, calculated at the rate provided by law, upon the completion and delivery of a transcript and three carbon copies thereof, duly certified and filed with the clerk, one of said carbon copies to be delivered by the clerk to the defendant or petitioner. The court shall also at said time make and enter an order authorizing the payment of a sum certain to the clerk of all or a part of his estimated fees incident to the appeal. Such order shall not be made unless and until the defendant or petitioner has paid to the court reporter and to the clerk that part of the amount due the court reporter and the clerk which the court has found must be borne by the defendant or petitioner, and the defendant or petitioner shall furnish to the court satisfactory evidence of such payment. The trial court shall cause a certified copy of such order to be delivered to the court reporter and to the clerk; and, upon the filing of said transcript and three carbon copies thereof by the court reporter with the clerk of the trial court and the complete preparation of the record on appeal by the clerk, the clerk shall transmit such order to the state Comptroller, whereupon the state Comptroller shall cause to be paid to the court reporter and to the clerk out of the general funds in the State Treasury, not otherwise appropriated, the amount of said fees. (Acts 1961, Ex. Sess., No. 62, p. 1930, §8; Acts 1963, No. 525, p. 1129, §7.)
AL Code § 12-22-198 (2021)
2021 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 12-22-198Appeals from denial of petition or where parts of record ordered transcribed deemed inadequate. (a) Any defendant or petitioner who has filed a petition under the provisions of this division and which petition is denied by the trial court, or if parts of the record ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant or petitioner may, within 10 days from the order of the trial court, file a notice of appeal with the clerk of the trial court from the order denying the petition or from the order deemed inadequate in specifying the parts of the transcript of the evidence to be forwarded to the appellate court on appeal, and such notice of appeal shall specify with particularity wherein the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals in cases wherein the punishment is 20 years or less and to the Supreme Court in cases where the punishment exceeds 20 years, the file of the trial court in said proceedings to obtain a transcript and record containing the petition and reports made in writing to the court, the court reporter's estimate of the cost of the transcript, the estimate of the clerk of his fees incident to an appeal, a certified copy of the order or orders entered by the trial court and other relevant papers pertaining to the petition, together with an opinion or statement of the trial court, as the trial court shall deem necessary. Upon receipt of said court file by the Court of Criminal Appeals or the Supreme Court, such court shall proceed to determine the matter of whether or not a transcript of the evidence and a complete record on appeal should be ordered, prepared and filed and paid for as provided for in this division and shall enter such judgment as in its opinion should have been entered below, or such appellate court may remand such proceedings to the trial court for further proceedings as said appellate court may deem proper. (b) Such proceedings in the appellate court shall be docketed and filed as other appeals and shall be considered and disposed of without delay. The defendant filing said petition in the trial court shall have the right to file such brief and argument as he so desires; and, in like manner, the state may file such brief and argument. There shall be no costs or charges attending said appeals. (Acts 1961, Ex. Sess., No. 62, p. 1930, §10; Acts 1963, No. 525, p. 1129, §9.)
AL Code § 12-22-199 (2021)
2021 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 12-22-199Judgment 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 Criminal Appeals affirming said judgment or order shall enter a judgment for costs against the defendant or petitioner, including an amount equal to the fees of the court reporter paid by the state for transcribing the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid into the General Fund of the State of Alabama. If such costs are not presently paid by the defendant or petitioner, or by another in his behalf, execution shall be issued by the trial court upon said judgment against the defendant or petitioner; and, if said execution is levied and collected, the proceeds thereof shall be paid into the General Fund of the state. If such execution is returned to the trial court "no property found," the defendant or petitioner shall be sentenced additionally by the trial court at hard labor for the county, if the punishment for the offense is a fine or confinement in the county jail or hard labor for the county, or by imprisonment in the state penitentiary, if the punishment for the offense is imprisonment in the penitentiary, for an additional term to pay said costs, at the rate of $5.00 per day. (Acts 1961, Ex. Sess., No. 62, p. 1930, §11; Acts 1963, No. 525, p. 1129, §10.)
AL Code § 12-22-200 (2021)
2021 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 12-22-200Rules 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 and effect of law. The circuit courts and other courts of the state having jurisdiction over proceedings under this division shall have authority to adopt all needful rules and regulations not in conflict with the rules of the Supreme Court designed to accomplish the purposes set forth in this division. (Acts 1961, Ex. Sess., No. 62, p. 1930, §12; Acts 1963, No. 525, p. 1129, §11.)
AL Code § 12-22-201 (2021)
2021 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 12-22-201Annual 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 appropriation are subject, before disbursement, to the approval of the Governor and contingent upon the opinion of the Governor of the condition of the State Treasury. (Acts 1961, Ex. Sess., No. 62, p. 1930, §13; Acts 1963, No. 525, p. 1129, §12.)
AL Code § 12-22-220 (2021)
2021 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 12-22-220By whom and when granted; duty of clerk of court. (a) A writ of error on any judgment entered in a criminal case may issue on an order to that effect by any one of the judges of the appropriate appellate court in vacation or by the appropriate appellate court in term time, addressed to the clerk of the court in which the judgment was entered, but such writ must only be granted on some error of law apparent on the record on appeal. (b) On the filing of such order with the clerk of the court in which the judgment was entered, such clerk must give the party filing it a certificate of the filing thereof, make out a writ of error and a transcript of the record and proceedings had in the cause, attach his certificate and the writ of error to such transcript and deliver the same, on demand, to the party suing out the writ, or to his attorney. (Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code 1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252, 3253; Code 1940, T. 15, §§383, 384.)
AL Code § 12-22-221 (2021)
2021 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 12-22-221Entry 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 prosecuted to the term to which it is returnable, it must be dismissed and no writ of error afterwards allowed. (Code 1876, §4986; Code 1886, §4518; Code 1896, §4329; Code 1907, §6260; Code 1923, §3254; Code 1940, T. 15, §385.)