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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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15-18-82.1
Section 15-18-82.1 Methods of execution; election of method; constitutionality. (a) A death
sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively
elects to be executed by electrocution or nitrogen hypoxia. The sentence shall be executed
pursuant to Section 15-18-82. (b) A person convicted and sentenced to death for a capital
crime at any time shall have one opportunity to elect that his or her death sentence be executed
by electrocution or nitrogen hypoxia. (1) The election for death by electrocution is waived
unless it is personally made by the person in writing and delivered to the warden of the correctional
facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama
Supreme Court affirming the sentence of death or, if a certificate of judgment is issued before
July 1, 2002, the election must be made and delivered to the warden within 30 days after July
1, 2002. If a warrant of execution is pending on...
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12-16-44
Section 12-16-44 Preparation, etc., of separate jury rolls and boxes for courts of territorial
subdivisions of counties. Whenever a court requiring grand and petit juries or petit juries
is established for and held in a territorial subdivision of the county, the jury commission
shall make and keep a separate roll and make a separate box for that court and territorial
subdivision, on which roll and in which box only the names of jurors residing in that territory
shall be placed, which box shall be kept by the clerk of said court and the key thereof by
the judge of said court, and all jurors for that court shall be drawn by the judge of said
court as provided in this article from the separate jury box provided under this section and
shall be summoned as provided by law for summoning jurors otherwise drawn. The names of jurors
whose names are required to be placed on the roll and in the box provided for in this section
shall not be placed on any other roll nor in any other box nor shall...
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12-22-131
Section 12-22-131 Review in Court of Criminal Appeals; when appeal taken to wrong court; decision
where conflict over jurisdiction. Wherever jurisdiction is now or may hereafter be conferred
on the Court of Criminal Appeals, a review or revision may be had in and by the Court of Criminal
Appeals in the same manner and by the same mode and means as is provided for appeal, review
or revision in or by the Supreme Court. Wherever the appeal or review is taken or attempted
to be taken to the Supreme Court when it should have been taken to the Court of Criminal Appeals,
the Supreme Court may ex mero motu or upon motion have the case, record and proceedings transferred
to the Court of Criminal Appeals for decision and disposition by the Court of Criminal Appeals;
and, if the appeal or review is taken or attempted to be taken to the Court of Criminal Appeals
when it should have been taken to the Supreme Court, the Court of Criminal Appeals may ex
mero motu or on motion transfer the case,...
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12-3-14
Section 12-3-14 Transfer of cases in Court of Criminal Appeals to Supreme Court. When it is
deemed advisable or necessary for the proper dispatch of the business of the Alabama Court
of Criminal Appeals, the Chief Justice of the Supreme Court, with the advice of the Supreme
Court and the presiding judge of the Alabama Court of Criminal Appeals, may in writing designate
any case in the Court of Criminal Appeals to be transferred to the Supreme Court for hearing
and final determination by that court. Such written designation shall be entered upon the
minutes of each of the courts, and the Clerk of the Court of Criminal Appeals shall deliver
to the Clerk of the Supreme Court the transcript of the record and all other papers in the
cases so designated, together with copies of any orders that may be made in any such cases
by the Court of Criminal Appeals. Upon the making or entering of such designation, the jurisdiction
and control of the Court of Criminal Appeals over the designated case...
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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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12-16-74
Section 12-16-74 Hearing of excuses, claims of exemptions, etc.; drawing, swearing and empaneling
of grand and petit jurors. The court shall require the names to be called from the venire
list of all persons who have been served with a summons to appear in court that day for service
as jurors and whose service has not been previously excused or postponed. The court may hear
any excuses not previously heard and shall pass upon the qualifications of those in attendance
for grand jury service. The court may in any case, including capital cases, excuse or postpone
the service of any prospective juror outside the presence of the parties and their counsel
in accordance with the provisions for excusal contained in Section 12-16-63. If a grand jury
is to be empaneled, the court shall draw from the venire list on a random basis the names
of 18 persons qualified and in attendance who shall be sworn and empaneled as the grand jury.
If a petit jury is also to be empaneled, all qualified persons...
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15-13-8
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals;
procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an
application for bail is made to any circuit judge and is refused, no subsequent application
can be made, but the evidence in such case may be preserved for review on application to the
Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appeals admitting
a defendant to bail, the order must fix the amount of bail required and direct the same to
be taken by the court to whom the primary application was made or by the sheriff of the county
in which the defendant is confined. When such bail is ordered to be taken by a judge, the
sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886,
§§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336;...
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12-16-61
Section 12-16-61 Trial court jury box. The jury commission shall maintain a trial court jury
box and shall place therein the names or identifying numbers of all prospective jurors drawn
from the master jury box who are not disqualified from which grand juries and petit juries
are drawn as provided by law. (Acts 1978, No. 594, p. 712, §7.)...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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