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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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12-17-225.3
Section 12-17-225.3 District attorney authorized to take lawful steps to require compliance.
After notification as provided in Section 12-17-225.2, the district attorney may take all
lawful steps necessary in order to require compliance with the court-ordered payments, including
any of the following: (1) a petition for revocation of probation; (2) a show cause petition
for contempt of court; (3) any other civil or criminal proceedings which may be authorized
by law or by rule of court. In addition, the district attorney may issue appropriate notices
to inform the defendant of the noncompliance of the defendant and a warning of the penalty
for noncompliance. (Acts 1995, No. 95-725, p. 1548, ยง4.)...
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12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have the
following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State
of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT
COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association,
corporation, or partnership of lawyers so licensed, executing a contract for the provision
of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding
in the trial or appellate courts of the state for which proceeding representation by counsel
is constitutionally required or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
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15-19-1
as a youthful offender, and no further action shall be taken on the indictment or information;
or the court may decide that the defendant shall not be arraigned as a youthful offender,
whereupon the indictment or information shall be deemed filed. (c) In addition to the provisions
of subsections (a) and (b), when the defendant is charged with a crime that contains as an
element of the crime or an allegation related to the charge that the defendant intentionally
inflicted serious physical injury or intentionally killed the victim in the commission
of the crime, prior to conducting a hearing or examination on whether the defendant will be
arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing
pursuant to the provisions of the Crime Victims' Rights Act. In addition, the court shall
conduct an evidentiary hearing on the allegations of the crime and the extent of injuries
of the victim and shall consider the evidence prior to determining youthful...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence
unnecessary. (a) Any person charged with an indictable offense may have his trial removed
to another county, on making application to the court, setting forth specifically the reasons
why he cannot have a fair and impartial trial in the county in which the indictment is found.
The application must be sworn to by him and must be made as early as practicable before the
trial, or it may be made after conviction upon a new trial being granted. (b) The refusal
of such application may, after final judgment, be reviewed and revised on appeal, and the
Supreme Court or Court of Criminal Appeals shall reverse and remand or enter such judgment
on the application as it may deem right without any presumption in favor of the judgment or
ruling of the lower court on such application. (c) If the defendant is in confinement, the
application may be heard and determined without the personal presence of the defendant
in...
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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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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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22-50-62
Section 22-50-62 Disclosure of information. No employee of any of the facilities under the
management, control, supervision or affiliated with the Alabama Department of Mental Health
shall be required to disclose any record, report, case history, memorandum or other information,
oral or written, which may have been acquired, made or compiled in attending or treating any
patient of said facilities in a professional character, when such information was necessary
in order to evaluate or treat said patient or to do any act for him or her in a professional
capacity, unless a court of competent jurisdiction shall order disclosure for the promotion
of justice; provided, that where a person is a defendant in a criminal case and a mental examination
of such defendant has been ordered by the court, the results or the report of such mental
examination shall be forwarded to the clerk of said court and to the district attorney and
to the attorney of record for the defendant. (Acts 1971, No. 1891,...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity
proceeding where the defendant has been declared the legal father, the case shall be reopened
if there is scientific evidence presented by the defendant that he is not the father. The
court shall admit into evidence any scientific test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
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