15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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23-1-374
Section 23-1-374 Revocation, refusal to issue or renew license; procedure for review under
the Alabama Administrative Procedure Act. In any case where the director refuses to issue
a certificate of approval, license, or renewal of license for an airport, restricted landing
area, or other air navigation facility, or refuses to allow any aircraft to be operated, or
in any case where the director shall issue any order requiring certain things to be done,
or revoking any license or certificate, the director shall set forth the reasons therefor
and shall state the requirements to be met before approval will be given, license granted,
or order modified or changed. Any order made by the director pursuant to this article shall
be delivered either in person or by certified mail, return receipt requested, to the interested
persons. Any person aggrieved by an order of the director may request a hearing pursuant to
the Alabama Administrative Procedure Act, Section 41-22-1, et seq. A hearing shall...
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31-2A-56
Section 31-2A-56 (Article 56.) Maximum limits. (a) The punishment which a court-martial may
direct for an offense may not exceed such limits as prescribed by this code, but in no instance
may a sentence exceed more than one year for a military offense, nor shall a sentence of death
be adjudged. A conviction by a court-martial of any military offense is a misdemeanor as defined
under the Code of Alabama 1975. (b) The limits of punishment for violations of the punitive
articles prescribed herein shall be lesser of the sentences prescribed by the state manual
for courts-martial, but in no instance shall any punishment exceed that authorized by this
code. (Act 2012-334, p. 790, §1.)...
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45-3-80
Section 45-3-80 Written plea of not guilty; waiver of arraignment. (a) The provisions of this
section shall apply only to the 3rd Judicial Circuit of Alabama. (b) If a defendant in a criminal
case pending in a court of competent jurisdiction shall enter a written plea of not guilty
at any time prior to the day of his or her arraignment such plea shall constitute a waiver
of his or her right to have an arraignment at which he or she is present in person or at which
he or she is represented by an attorney. (Act 84-510, p. 1130, §§1, 2.)...
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45-34-80.41
Section 45-34-80.41 Written plea of not guilty; waiver of arraignment. (a) This section shall
apply only to the Twentieth Judicial Circuit of Alabama. (b) If a defendant in a criminal
case pending in a court of competent jurisdiction shall enter a written plea of not guilty
at any time prior to the day of his or her arraignment, such plea shall constitute a waiver
of his or her right to have an arraignment at which he or she is present in person or at which
he or she is represented by an attorney. (Act 85-736, p. 1187, §§1, 2.)...
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45-6-80
Section 45-6-80 Applicability; plea of not guilty; waiver of arraignment. (a) The provisions
of this section shall apply only to the Third Judicial Circuit of Alabama. (b) If a defendant
in a criminal case pending in a court of competent jurisdiction shall enter a written plea
of not guilty at any time prior to the day of his or her arraignment such plea shall constitute
a waiver of his or her right to have an arraignment at which he or she is present in person
or at which he or she is represented by an attorney. (Act 84-510, p. 1130, §§1, 2.)...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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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-5-50
Section 13A-5-50 Consideration of aggravating circumstances in sentence determination. The
fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes
one or more aggravating circumstances as specified in Section 13A-5-49 shall not be construed
to preclude the finding and consideration of that relevant circumstance or circumstances in
determining sentence. By way of illustration and not limitation, the aggravating circumstance
specified in Section 13A-5-49(4) shall be found and considered in determining sentence in
every case in which a defendant is convicted of the capital offenses defined in subdivisions
(1) through (4) of subsection (a) of Section 13A-5-40. (Acts 1981, No. 81-178, p. 203, §12;
Acts 1982, No. 82-567, p. 945, §1.)...
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15-16-61
Section 15-16-61 Definitions. The following definitions shall apply to this article: (1) COURT.
The court which committed the defendant pursuant to Section 15-16-43. (2) DEFENDANT. A defendant
in a criminal case who has been found not guilty by reason of insanity, or not guilty by reason
of mental disease or defect, and has been committed to the custody of the Alabama State Department
of Mental Health and Mental Retardation or another facility as provided by Section 15-16-43.
(3) DEPARTMENT. The State Department of Mental Health and Mental Retardation. (4) DISTRICT
ATTORNEY. The district attorney for the judicial circuit of the court which committed the
defendant pursuant to Section 15-16-43. (5) REGIONAL OR COMMUNITY MENTAL HEALTH FACILITY.
Any mental health facility providing mental health services pursuant to Sections 22-51-1 through
22-51-14. (Acts 1988, No. 88-581, p. 906, §2.)...
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