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A defendant may appeal from a final judgment in a criminal case entered by a municipal or a district court for trial de novo in the circuit court by filing with the clerk of the municipal or the district court a written notice of appeal within fourteen (14) days from the date of pronouncement of sentence or the date of ...
Rule 28 works a change in the form of briefs as the same has existed before under Alabama practice. Inasmuch as assignments of error are unnecessary, all of the machinery and paraphernalia for arguing briefs ing to assignments of error is also abolished. See Rule 20.
Rule 21(f) states that the pendency of a petition for a writ of mandamus or prohibition or another extraordinary writ does not automatically stay proceedings in the trial court. Instead, a party must move for a stay that may be granted by the trial court or the appellate court in which the petition is filed.
Rule 52 attaches a presumption to the findings of a master to the extent that the trial court has adopted them. Under present Alabama practice, de novo appellate review is available when evidence has been taken before a commissioner.
Why do you think the Alabama Court of Criminal Appeals rejected the appeal at the start of this chapter? They rejected the appeal because the State couldn't totally depend on the testimony given by an accomplice since it could have been imposed.
Rule 28 works a change in the form of briefs as the same has existed before under Alabama practice. Inasmuch as assignments of error are unnecessary, all of the machinery and paraphernalia for arguing briefs ing to assignments of error is also abolished. See Rule 20.
Alabama Rules of Appellate Procedure Rule 12. Docketing of the appeal; docket fee; filing of the record. (a) Docketing the appeal and docket fee. The clerk of the trial court shall send to the clerk of the appellate court to which the appeal is taken a copy of the notice of appeal.
Rule 21 provides that: ?Any claim against a party may be severed and proceeded with separately.? Confusion has sometimes arisen between a true severance and an order providing for separate trials pursuant to Rule 42(b).