(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 habeas corpus, any person held in custody under a charge or conviction for crime or for extradition as a fugitive from justice from any other state is discharged from custody or when any person held in custody under an indictment by the grand jury charging him with a capital offense is admitted to bail. In all such cases the judgment must be stayed pending the appeal.
(c) Pending the appeal, the person restrained shall be admitted to bail, with sufficient sureties, conditioned that he will appear before such court or officer as may be prescribed by the judge and abide the judgment entered, provided such person is charged with an offense that is bailable under the laws of this state and is not a prisoner serving his sentence and the judgment appealed from is not a judgment denying his application for bail.
(Code 1896, §4314; Code 1907, §6245; Code 1923, §3238; Acts 1927, No. 113, p. 76; Acts 1936, Ex. Sess., No. 122, p. 81; Code 1940, T. 15, §369; Acts 1949, No. 57, p. 81; Acts 1955, No. 60, p. 294.)
Notes of Decisions
Cited in
9
cases, 1986–2016 · leading case:
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
“Code 1975, permits the State to appeal a district court's order holding a statute or ordinance invalid; and that § 12-22-90(b), Ala.Code 1975, permits the State to appeal an adverse ruling on a petition for a writ of habeas corpus.”
Tarver v. State, 500 So. 2d 1232 (Ala. Crim. App. 1986).
“The State is allowed to appeal in habeas corpus cases (§ 12-22-90, Code of Alabama 1975), when the statute under which the prosecution preferred is held to be unconstitutional (§ 12-22-91, Code of Alabama 1975) and from certain pre-trial orders of the trial judge in a felony…”
Ex Parte State, 976 So. 2d 508 (Ala. Crim. App. 2007).
“See § 12-22-90(a), Ala. Code 1975, and Rule 32.”
Savage v. Ingram, 675 So. 2d 892 (Ala. Civ. App. 1996).
· cites it 2× “See Ala.Code 1975, § 12-22-90; Rule 22, Ala. R.”
Ex parte State of Alabama., 165 So. 3d 576 (Ala. 2014).
“Code 1975 (an appeal from a judgment holding a statute or ordinance invalid); § 12-22-90(b), Ala.Code 1975 (an appeal from an order granting a petition for a writ of habeas corpus); § 12-22-91, Ala.”
State v. Phillips, 842 So. 2d 27 (Ala. Crim. App. 2002).
“Section 12-22-90, Ala.Code 1975, specifically gives the State the right to appeal from the trial court’s ruling granting habeas corpus relief.”
State v. J.M.W., 936 So. 2d 555 (Ala. Crim. App. 2005).
· cites it 2× “See § 12-22-90, Ala.Code 1975. The State has 42 days to appeal a ruling granting a habeas corpus petition.”
State v. R.D., 742 So. 2d 197 (Ala. Crim. App. 1999).
· cites it 3× “” However, the Carter Court also cited § 369, Tit. 15, Code of Ala.”
— Ala. Code § 12-22-90(a) — 1 case
Ex Parte State, 976 So. 2d 508 (Ala. Crim. App. 2007).
“See § 12-22-90(a), Ala. Code 1975, and Rule 32.”
— Ala. Code § 12-22-90(b) — 4 cases
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
“Code 1975, permits the State to appeal a district court's order holding a statute or ordinance invalid; and that § 12-22-90(b), Ala.Code 1975, permits the State to appeal an adverse ruling on a petition for a writ of habeas corpus.”
Ex parte State of Alabama., 165 So. 3d 576 (Ala. 2014).
“Code 1975 (an appeal from a judgment holding a statute or ordinance invalid); § 12-22-90(b), Ala.Code 1975 (an appeal from an order granting a petition for a writ of habeas corpus); § 12-22-91, Ala.”
State v. J.M.W., 936 So. 2d 555 (Ala. Crim. App. 2005).
“See § 12-22-90, Ala.Code 1975. The State has 42 days to appeal a ruling granting a habeas corpus petition.”
— Ala. Code § 12-22-90(c) — 1 case
State v. R.D., 742 So. 2d 197 (Ala. Crim. App. 1999).
“” However, the Carter Court also cited § 369, Tit. 15, Code of Ala.”
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