When it is deemed advisable or necessary for the proper dispatch of the business of the Alabama Court of Criminal Appeals, the Chief Justice of the Supreme Court, with the advice of the Supreme Court and the presiding judge of the Alabama Court of Criminal Appeals, may in writing designate any case in the Court of Criminal Appeals to be transferred to the Supreme Court for hearing and final determination by that court. Such written designation shall be entered upon the minutes of each of the courts, and the Clerk of the Court of Criminal Appeals shall deliver to the Clerk of the Supreme Court the transcript of the record and all other papers in the cases so designated, together with copies of any orders that may be made in any such cases by the Court of Criminal Appeals. Upon the making or entering of such designation, the jurisdiction and control of the Court of Criminal Appeals over the designated case shall cease and terminate.
(Acts 1971, 3rd Ex. Sess., No. 74, p. 4282, §1.)
Notes of Decisions
Cited in
8
cases, 1998–2014 · leading case:
Hale v. State, 848 So. 2d 224 (Ala. 2002).
Hale v. State, 848 So. 2d 224 (Ala. 2002).
“Upon Hale's appeal, the Court of Criminal Appeals recused, and the appeal was transferred to this Court pursuant to § 12-3-14, Ala.Code 1975. The defendant Hale argues three issues, which we will explain, analyze, and decide.”
State v. Greenetrack, Inc., 154 So. 3d 940 (Ala. 2014).
“Pursuant to § 12-3-14, Ala.Code 1975, the case was transferred to this Court on March 7, 2014.”
Burnett v. State, 807 So. 2d 588 (Ala. Crim. App. 2001).
“I write to strongly urge two things: first, that the Chief Justice of the Alabama Supreme Court order this case transferred for a final determination pursuant to § 12-3-14, Ala.Code 1975. [2] That Court should take the necessary steps to prevent further injustices from occurring.”
Ex Parte State, 985 So. 2d 446 (Ala. 2007).
“On April 11, 2007, the presiding judge of the Court of Criminal Appeals petitioned this Court to accept the transfer of this case pursuant to § 12-3-14, Ala.Code 1975, for resolution of the jurisdictional question.”
Chatman v. State, 813 So. 2d 956 (Ala. Crim. App. 2001).
“In my second dissent in Burnett, I urged the Chief Justice to order transfer of the case pursuant to § 12-3-14, Ala.Code (1975), for a determination of the constitutionality issue.”
Janezic v. State, 723 So. 2d 730 (Ala. Crim. App. 1998).
· cites it 2× “Nevertheless, I write to suggest that the Chief Justice order this case transferred to the Supreme Court of Alabama for a final determination, pursuant to § 12-3-14, 2 Code of Ala.1975. So long as the case is on remand from the Supreme Court, that Court retains jurisdiction over…”
Clancy v. State, 107 So. 3d 1118 (Ala. Crim. App. 2012).
“The case was subsequently sent back to this Court where, on July 30, 2009, it was transferred by order of the Alabama Supreme Court to the Alabama Supreme Court pursuant to § 12-3-14, Ala.Code 1975. 2 (C. 96.) *1120 Clancy also appealed the transfer order to this Court.”
Smith v. Houston, 71 So. 3d 721 (Ala. Crim. App. 2010).
· cites it 5× “Code 1975, 4 for that Court to “at least determine which intermediate appellate court has jurisdiction to decide this appeal.” On July 30, 2009, the Chief Justice issued the following order declining to designate this appeal for transfer: “Pursuant to Ala.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.