In all criminal cases, including paternity cases, and civil and criminal nonsupport cases which may result in the jailing of the defendant, in any court of this state created by authority of the Constitution of Alabama of 1901, as amended, when a defendant is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain from the accused, or otherwise:
(1) Whether or not the defendant has arranged to be represented by counsel;
(2) Whether or not the defendant desires the assistance of counsel; and
(3) Whether or not the defendant is able financially or otherwise to obtain the assistance of counsel in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act 2011-678, p. 1862, §6.)
Notes of Decisions
Cited in
9
cases, 1978–2008 · leading case:
Watts v. Watts, 706 So. 2d 749 (Ala. Civ. App. 1997).
Watts v. Watts, 706 So. 2d 749 (Ala. Civ. App. 1997).
· cites it 4× “Winford finally argues that his right to due process of law was violated in the trial proceedings because, he argues, the trial court failed to ascertain that he fully understood his right to counsel, as is required by § 15-12-20, Ala.Code 1975. Winford failed to assert this…”
Lewis v. Hitt, 370 So. 2d 1369 (Ala. 1979).
· cites it 4× “The plaintiff maintains, however, that the provisions of §§ 15-12-20 through 15-12-23 "make extensive and well-defined provisions for the amounts as well as the procedure for approval and payment.”
Ziglar v. State, 629 So. 2d 43 (Ala. Crim. App. 1993).
· cites it 2× “IV The appellant further contends that this court erred in failing to address the constitutionality of § 15-12-20, Code of Alabama 1975, as applied in this case.”
Sparks v. Parker, 368 So. 2d 528 (Ala. 1979).
“en convicted of a serious offense in which an appeal lies directly to the supreme court or court of criminal appeals and the defendant expresses his desire to appeal such conviction, the court shall cause to be entered upon its minutes a recital of notice of appeal, and the…”
Ex Parte Parcus, 615 So. 2d 78 (Ala. 1993).
· cites it 2× “In addition, § 15-12-20, Ala.Code 1975, requires the following procedures: "In all criminal cases, including paternity cases, and civil and criminal nonsupport cases that may result in the jailing of the defendant, in any court of this state created by authority of the…”
Goodson v. State, 588 So. 2d 509 (Ala. Crim. App. 1991).
“See § 15-12-20, Code of Alabama 1975. The right to counsel attaches upon a formal initiation of adversary judicial proceedings.”
Leftwich v. VANSANDT, 995 So. 2d 172 (Ala. Civ. App. 2008).
· cites it 2× “There is, however, no similar statutory requirement for the appointment of counsel in protection-from-abuse proceedings.”
Mays v. State, 497 So. 2d 205 (Ala. Crim. App. 1986).
“Pursuant to § 15-12-20, Code 1975, the trial judge, in any court created by authority of.”
Thrower v. State, 357 So. 2d 386 (Ala. Crim. App. 1978).
“Code of Alabama, 1975, Section 15-12-20(1), (2), and (8). It is undisputed that the court ascertained appellant had not arranged to be represented by counsel, and appellant desired the assistance of counsel.”
Ala. Code § 15-12-20(1): 1 case
Thrower v. State, 357 So. 2d 386 (Ala. Crim. App. 1978).
“Code of Alabama, 1975, Section 15-12-20(1), (2), and (8). It is undisputed that the court ascertained appellant had not arranged to be represented by counsel, and appellant desired the assistance of counsel.”
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.