Code of Alabama
Ala. Code § 12-22-240 (2026)
Consideration of Cases by Court of Criminal Appeals Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
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; Code 1896, §4333; Code 1907, §6264; Code 1923, §3258; Code 1940, T. 15, §389.)
Notes of Decisions
Cited in 16
cases, 1977–2015 · leading case: Danny Ray Mylar, A/K/A Danny Ray Miles v. State of Alabama, 671 F.2d 1299 (11th Cir. 1982).
Danny Ray Mylar, A/K/A Danny Ray Miles v. State of Alabama, 671 F.2d 1299 (11th Cir. 1982). “” Ala.Code § 12-22-240. The State argues and the district court found that this statutory duty guarantees that all criminal defendants will receive a meaningful review and therefore eliminates any harm caused by the absence of an appellate brief.”
Ex Parte Perkins, 808 So. 2d 1143 (Ala. 2001). “" While Perkins did not object to the photographs at trial, his brief raised the issue; and § 12-22-240, Ala.Code 1975, and Rule 45A, Ala.”
Waldrop v. State, 424 So. 2d 1345 (Ala. Crim. App. 1982). “" Alabama Code Section 12-22-240 (1975). Since this appeal was filed before January 1, 1982, Rule 45B, ARAP, providing that this Court "shall consider only questions or issues presented in briefs on appeal," did not apply and review of this case is governed by Section 12-22-240.”
State v. Knox, 201 So. 3d 1213 (Ala. 2015). “, abolished tlae requirement of Ala.Code 1975, § 12-22-240, that the Court of Criminal Appeals "search the record" for error in cases other than death-penalty cases, and reiterating that appellate review is not permitted as to questions not properly raised in the trial court);…”
Berard v. State, 402 So. 2d 1044 (Ala. Crim. App. 1981). “We have carefully searched the record for any error prejudicial to the appellant pursuant to §§ 12-22-240, -241, Code of Ala. 1975, and the "plain error rule," Rule 45A, Alabama Rules of Appellate Procedure.”
Colley v. State, 405 So. 2d 374 (Ala. Crim. App. 1980). “2d 843 (1978); § 12-22-240, Code of Ala. 1975; Harris v.”
Willie Earl Bedford v. Attorney Gen. of the State of Alabama & Charlie E. Jones, 934 F.2d 295 (11th Cir. 1991). “Code § 389 (current version at Ala. Code § 12-22-240 ) is no longer valid.”
Cantrell v. State, 353 So. 2d 80 (Ala. Crim. App. 1977). “Code of Alabama 1975, Section 12-22-240. We are of the opinion that the judgment of the trial court is due to be affirmed.”
Cannon v. State, 470 So. 2d 1351 (Ala. Crim. App. 1985). “Code of Alabama, § 12-22-240 provides: “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.”
Seay v. State, 390 So. 2d 7 (Ala. Crim. App. 1979). “Section 12-22-240, Code of Ala.1975. II At arraignment on August 21, 1978, the appellant pled not guilty.”
Maye v. State, 66 So. 3d 283 (Ala. Crim. App. 2010). “(effective January 1, 1982), which abolished the "search the record rule" set out in § 12-22-240, Ala.Code 1975, providing that the Court of Criminal Appeals must consider all questions apparent on the record and reserved in the circuit court.”
Brown v. State, 396 So. 2d 137 (Ala. Crim. App. 1981). “” Alabama Code 1975, Section 12-22-240. This obligation exists even though the defendant has not filed a brief on appeal.”
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