46 ALAAPP 627 - Prestidge v. State

How this case has been cited

Cited by 26 later decisions — most recently June 2001 · most notably Loggins v. State (2000), 557 So. 2d 1292 - Callahan v. State (1989)

26 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1Section 369, Title 15, Code of Alabama of 1940, pertaining to appeals in habeas corpus cases provides: “(^T)he clerk of the court from which the appeal is taken shall forward a transcript of the record and a certificate of appeal to the supreme court or court of appeals, together with a transcript of the evidence and the judge’s ruling thereon, which shall be certified to be correct by the judge or officer hearing the petition.”

¶2This is a proceeding under Section 3, Title 15, Code, supra. Moses v. Tarwater, 257 Ala. 361, 58 So.2d 757, indicates that certification of the transcript is required in such proceedings.

¶3There is no certificate of the judge in the record before us. The requirement as to certification of the transcript of the record is mandatory. Failure to comply therewith requires dismissal of the appeal. McTyre v. State, 258 Ala. 637, 64 So.2d 601; Robertson v. State, 263 Ala. 309, 82 So.2d 403.

¶4This appeal is due to be dismissed. It is so ordered.

¶5Appeal dismissed.