State v. Kebe
| Decision Date | 05 June 1981 |
| Citation | 399 So.2d 348 |
| Parties | Ex parte State of Alabama. (Re: Ex Parte: State of Alabama. (In re STATE of Alabama v. George Bengali KEBE)). 80-551. |
| Court | Alabama Supreme Court |
Charles A. Graddick, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for petitioner.
Writ denied.
Under ARAP 4(a)(1), an appeal must be filed within forty-two days from the date of entry of judgment. This rule is jurisdictional and neither this Court nor the Court of Criminal Appeals has the authority to extend this time. ARAP 2(b). The United States District Court for the Middle District cannot confer such authority on this Court.
WRIT DENIED.
All the Justices concur.
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10 cases
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Burgess v. State
... ... Younger, 375 So.2d 428, 428 (Ala.1979) (emphasis in original). See also Hayden v. Harris, 437 So.2d 1283, 1287 (Ala.1983) ; State v. Kebe, 399 So.2d 348 (Ala.1981) (wherein our supreme court noted that a United States District Court could not confer to the court the authority to extend the 42-day period)." ... 606 So.2d at 172 ... "`Under Alabama law the right to appeal is a creature of statute, and such statutes ... ...
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Longmire v. State
... ... at 888. See Malone v. Alabama, 514 F.2d 77, 79-80 (5th Cir.1975) ... The Court of Criminal Appeals has held on past occasions that the notion of an out-of-time appeal does not exist in this state, Goolsby v. State, supra, at 928; Accord, Ex parte State v. Kebe, 399 So.2d 348 (Ala.1981), and we do not attempt here to embrace such a concept; but, in an effort to assure that both justice and fairness prevail, the Court believes that the circumstances of this case warrant our granting the petitioner an appeal of his conviction. Although counsel for the ... ...
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Brooks v. State
... ... Younger, 375 So.2d 428, 428 (Ala.1979) (emphasis in original). See also Hayden v. Harris, 437 So.2d 1283, 1287 (Ala.1983) ; State v. Kebe, 399 So.2d 348 (Ala.1981) (wherein our supreme court noted that a United States District Court could not confer to the court the authority to extend the 42-day period).' ... " 606 So.2d at 172 ... See also Woods v. State, 609 So.2d 7, 8 (Ala.Crim.App.1992) ... "This Court created a narrow ... ...
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Loggins v. State, CR-01-1804.
... ... Younger, 375 So.2d 428, 428 (Ala.1979) (emphasis in original). See also Hayden v. Harris, 437 So.2d 1283, 1287 (Ala.1983); State v. Kebe, 399 So.2d 348 (Ala.1981) (wherein our supreme court noted that a United States District Court could not confer to the court the authority to extend the 42-day period).' ... "Symanowski v. State, 606 So.2d 171, 172 (Ala.Cr.App.1992)." ... Woods v. State, 609 So.2d 7, ... ...
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