Code of Alabama
Ala. Code § 12-22-150 (2026)
Duty of Trial Judge to Enter Appeal; Automatic Stay of Execution; How Appeal Governed.
✓ official Alabama Legislature (ALISON) text, current July 2026
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, immediately after the imposition of sentence, to enter of record, with or without the direction or election of the defendant, that the defendant appeals from said judgment of conviction. Upon the entry of an order of appeal from such judgment of conviction, execution of sentence shall automatically be stayed pending said appeal. Said appeal, except as otherwise provided in this division, shall in all respects be governed as provided by law and rules of court.
(Acts 1943, No. 249, p. 217, §2.)
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1978–2026 · leading case: Whitmore Ex Rel. Simmons v. Arkansas.
Whitmore Ex Rel. Simmons v. Arkansas (1990). “Ala. Code § 12-22-150 (1986); Cal. Penal Code Ann.”
Jacobs v. State (Ala. 1978). “The Court of Criminal Appeals and this court, by statute (§ 12-22-150, Code of Alabama 1975 ) and by court rule (amended Rule 39(c), Ala.”
Evans v. Birtton (S.D. Ala. 1979). “, §§ 12-22-150, 12-22-240, 12-22-243, 13-11-5, and A.”
Ex Parte Callahan (Ala. 1985). “A writ of certiorari was granted to the Court of Criminal Appeals to review the *464 death penalty judgment, pursuant to Code 1975, § 12-22-150, and Rule 39, A.R.A.P. Our primary concern is whether certain inculpatory statements made by the Petitioner were properly admitted into…”
Ford v. State (Ala. Crim. App. 1986). “) Society's interest in the fairness, reliability, and integrity of the trial of a capital case is preserved in this case because of Alabama's plain error rule, A.”
Johnson v. State (Ala. Crim. App. 2009). “On February 21, 2007, the circuit court entered an order of appeal pursuant to § 12-22-150, Ala. Code 1975, and Johnson’s case was appealed to this court for automatic review.”
MacK v. State (Ala. Crim. App. 1979). “" Chief Justice Torbert in his concurring opinion in the Jacobs case, supra, said: "The Court of Criminal Appeals and this Court, by statute (Section 12-22-150, Code of Alabama 1975 ) and by Court rule (amended Rule 39(c), Ala.”
Ritter v. State (Ala. 1983). “§ 12-22-150, Code 1975; Rule 39(c), ARAP.”
Sibley v. State (Ala. Crim. App. 1997). “As Judge Patterson stated: "In all cases in which a defendant has been sentenced to death in this state, the judgment of conviction shall be subject to automatic review and the sentence of death shall be subject to review by the Court of Criminal Appeals and the Alabama Supreme…”
Block v. State (Ala. Crim. App. 1997). “§ 13A-5-55; § 12-22-150; Ala. R.App.P. 39(b); Ala.R.App.”
Harris v. State (Ala. Crim. App. 1989). “2d 1339 (1983); Alabama Code 1975, § 12-22-150. *860 "In death cases this court has a standard of review stricter than that for other criminal convictions.”
Andrew Reid Lackey v. State of Alabama. (Ala. Crim. App. 2010). “If this Court determines that the circuit court was correct, it must then review the sufficiency of the evidence to sustain Lackey’s convictions and sentences, search the record for plain error, and review the propriety of his sentences of death.”
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