Alabama. Court of Criminal Appeals

Authorities:

Acts of Ala., 1969, volume II. Montgomery: Skinner Printing Company, 1970.

Ala. Government Manual, sixth edition. Atlanta: Darby Printing Company, 1979.

Code of Ala., 1975. Vol. II. Sec. 12:3:1-12:4:1. Charlottesville: The Michie Company, 1977.

The Ala. Court of Criminal Appeals is one of the two appellate courts established by the legislature in 1969 Sept. to perform the functions which had been exercised by the Court of Appeals from 1911 to 1969. The Court of Criminal Appeals has exclusive appellate jurisdiction of all misdemeanors, including the violation of town and city ordinances, bastardy, habeas corpus, and all felonies, including all post-conviction writs in criminal cases (Acts of Ala. 1969, Vol. II, No. 987, Sec. 2).

The three judges of the defunct Court of Appeals served as the first judges of the Court of Criminal Appeals. Since 1970 the judges have been popularly elected to six-year terms. In 1971 the legislature provided for two additional judges to serve on the Court. Judges must possess the same qualifications as State Supreme Court justices - they must be learned in the law, at least twenty-five years of age, and citizens of the U.S. and of Ala. for at least five years. A presiding judge is elected by a majority of the judges on the Court. The Court has its regular term from the first Monday in Oct. through the last day in June. Special terms may be held. A quorum consists of a majority of the judges (Code of Ala. 1975, Sec. 12:3:3; Ala. Government Manual, sixth edition, pp. 463-4).

The Court of Criminal Appeals exercises original jurisdiction in the issuance and determination of writs of quo warranto and mandamus in cases in which it has appellate jurisdiction. It is authorized to issue writs of injunction, habeas corpus and other remedial and original writs as are necessary to give it a general superintendence and control of courts inferior to it, transfers to the Supreme Court all cases involving the constitutionality of statutes, and follows and is governed by Supreme Court decisions.

Each judge is authorized to appoint one law clerk to assist in the performance of duties. The Marshall and Librarian of the Supreme Court serve also as Marshall and Librarian for the Court of Criminal Appeals. In addition, the Court is authorized to employ a clerk, an assistant clerk, and execution clerk, three secretaries, three Staff Attorneys and a Confidential Assistant to perform secretarial services for the Staff Attorneys (Ala. Government Manual, p. 464).

It is the duty of the Clerk of the Court of Criminal Appeals to administer oaths and take affidavits; to issue and sign all writs and process issued under authority of the Court; to keep in regular order the papers, dockets, and records of the Court; to keep an appearance, trial, motion and execution docket, under the rules prescribed by the Court; to enter the day-to-day judgments and proceedings of the Court; to send, immediately after the time allowed by the Court for call of the division of the state, certificates of the action of the Court in all causes determined during such call, showing the date, number and character of the judgment, order or decree appealed from with the decision of the Court; within ten days after the reversal of any judgment or decree to send to the court below a certified copy of the opinion of the Court of Criminal Appeals; and at the end of each term, to have bound the transcripts of the records of all cases, with a copy of the orders made and of the final judgment or decree in each case, and the manuscript opinions of the Court decided during that term (Acts of Ala. 1969, Vol. II, No. 987, Sec. 29).

The Attorney General in person or by assistant must attend on the part of the state to all criminal cases in the Court of Criminal Appeals (Acts of Ala. 1969, Vol. II, No. 987, Sec. 31).

Annual appropriations for the Court of Criminal Appeals are made from the General Fund (Ala. Government Manual, p. 474).

From the description of Agency history record. (Unknown). WorldCat record id: 145408676