Alabama § 12-22-90 Appeals in Habeas Corpus

Alabama Statutes

§ 12-22-90 — Appeals in Habeas Corpus

Alabama § 12-22-90

JurisdictionAlabama

Title 12Courts

Ch. 22Appellate Proceedings

Art. 2Criminal Cases

Div. 1General Provisions

This text of Alabama § 12-22-90 (Appeals in Habeas Corpus) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-22-90 (2026).

Text

(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 offic

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

Legislative History

(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.)