13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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15-9-40
Section 15-9-40 Arrest prior to requisition. Whenever any person within this state shall be
charged on the oath of any credible person before any district or circuit court judge of this
state with the commission of any crime in any other state and, except in cases arising under
Section 15-9-34, with having fled from justice; or whenever complaint shall have been made
before any district or circuit court judge in this state setting forth on the affidavit of
any credible person in another state that a crime has been committed in such other state,
that the accused has been charged in such state with the commission of the crime and, except
in cases arising under Section 15-9-34, that he has fled from justice and is believed to have
been found in this state, the judge shall issue a warrant directed to the sheriff of the county
in which the oath or complaint is filed, directing him to apprehend the person charged, wherever
he may be found in this state, and bring him before the same or any...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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13A-6-183
Section 13A-6-183 Custody of arrestee; access to resources; photographs. (a) For the safety
and well-being of a person arrested for the crime of prostitution under Division 2 of Article
3 of Chapter 12 he or she may be held in custody for up to 72 hours. The person shall be brought
before a court of competent jurisdiction as soon as possible within a 48-hour period to conduct
an inquiry into the person's access to resources, such as, but not limited to, health care,
shelter, mental health counseling, or financial aid. The court may issue an order to assist
the person in obtaining the services and resources needed pursuant to the court's inquiry.
(b) A photograph of a person taken by a law enforcement agency upon the arrest of a person
for the crime of prostitution under Division 2 of Article 3 of Chapter 12, is not a public
record and may not be published in any printed or electronic media or provided to any person
without an order of a district court judge with jurisdiction over the...
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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
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30-3B-112
Section 30-3B-112 Cooperation between courts; preservation of records. (a) A court of this
state may request the appropriate court of another state to: (1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order
that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of
the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with
the request; and (5) Order a party to a child custody proceeding or any person having physical
custody of the child to appear in the proceeding with or without the child. (b) Upon request
of a court of another state, a court of this state may hold a hearing or enter an order described
in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections
(a) and (b) may be assessed against the parties...
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30-3B-208
Section 30-3B-208 Jurisdiction declined by reason of conduct. (a) Except as otherwise provided
in Section 30-3B-204 or by other law of this state, if a court of this state has jurisdiction
under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable
conduct, the court shall decline to exercise its jurisdiction unless: (1) The parents and
all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) A court
of the state otherwise having jurisdiction under Sections 30-3B-201 through 30-3B-203 determines
that this state is a more appropriate forum under Section 30-3B-207; or (3) No court of any
other state would have jurisdiction under the criteria specified in Sections 30-3B-201 through
30-3B-203. (b) If a court of this state declines to exercise its jurisdiction pursuant to
subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and
prevent a repetition of the unjustifiable conduct, including...
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31-2A-3
Section 31-2A-3 (Article 3.) Jurisdiction to try certain personnel. (a) Each person discharged
from the state military forces who is later charged with having fraudulently obtained a discharge
is, subject to Section 31-2A-43 (Article 43), subject to trial by court-martial on that charge
and is, after apprehension, subject to this code while in custody under the direction of the
state military forces for that trial. Upon conviction of that charge, the person is subject
to trial by court-martial for all offenses under this code committed before the fraudulent
discharge. (b) No person who has deserted from the state military forces may be relieved from
amenability to the jurisdiction of this code by virtue of a separation from any later period
of service. (Act 2012-334, p. 790, §1.)...
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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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