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13A-5-42
Section 13A-5-42 Guilty plea; burden of proof upon state; waiver; sentencing. A defendant
who is indicted for a capital offense may plead guilty to it, but the state, only in cases
where the death penalty is to be imposed, must prove the defendant's guilt of the capital
offense beyond a reasonable doubt to a jury. The guilty plea may be considered in determining
whether the state has met that burden of proof. The guilty plea shall have the effect of waiving
all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency
of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall
be sentenced according to the provisions of Section 13A-5-43(d). (Acts 1981, No. 81-178,
p. 203, §4; Act 2013-354, p. 1267, §1.)...
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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of
evidence; burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of
a defendant for a capital offense, the trial court shall conduct a separate sentence hearing
to determine whether the defendant shall be sentenced to life imprisonment without parole
or to death. The sentence hearing shall be conducted as soon as practicable after the defendant
is convicted. Provided, however, if the sentence hearing is to be conducted before the trial
judge without a jury or before the trial judge and a jury other than the trial jury, as provided
elsewhere in this article, the trial court with the consent of both parties may delay the
sentence hearing until it has received the pre-sentence investigation report specified in
Section 13A-5-47(b). Otherwise, the sentence hearing shall not be delayed pending receipt
of the pre-sentence investigation report. (b) The state and the defendant shall be...
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13A-4-1
Section 13A-4-1 Criminal solicitation. (a) A person is guilty of criminal solicitation
if, with the intent that another person engage in conduct constituting a crime, he solicits,
requests, commands or importunes such other person to engage in such conduct. A person may
not be convicted of criminal solicitation upon the uncorroborated testimony of the person
allegedly solicited, and there must be proof of circumstances corroborating both the solicitation
and the defendant's intent. (b) A person is not liable under this section if, under
circumstances manifesting a voluntary and complete renunciation of his criminal intent, he
(1) notified the person solicited of his renunciation and (2) gave timely and adequate warning
to the law enforcement authorities or otherwise made a substantial effort to prevent the commission
of the criminal conduct solicited. The burden of injecting this issue is on the defendant,
but this does not shift the burden of proof. (c) A person is not liable under...
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33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel
certification or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner
of Conservation and Natural Resources may cancel any boater safety certification upon determining
that the holder of the certification was not entitled to the issuance or that the holder failed
to give the correct or required information in the application for certification. Upon cancellation
the holder shall surrender the certification cancelled and any duplicate. A holder who refuses
to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor,
punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege
of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall
be subject to suspension or revocation by the commissioner in like manner and for like cause
as a boater safety certification may be suspended or...
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation
of certain ordinances; procedure; schedule of fines; additional penalty for failure to appear;
disposition of fines. (a) By ordinance, the governing body of any municipality may authorize
any law enforcement officer of a municipality or any law enforcement officer of the state,
in lieu of placing persons under custodial arrest, to issue a summons and complaint to any
person charged with violating any municipal littering ordinance; municipal ordinance which
prohibits animals from running at large, which shall include leash laws and rabies control
laws; or any Class C misdemeanor or violation not involving violence, threat of violence or
alcohol or drugs. (b) Such summons and complaint shall be on a form approved by the governing
body of the municipality and shall contain the name of the court; the name of the defendant;
a description of the offense, including the municipal ordinance number; the date and...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into a pretrial diversion program established under this
division, there shall be a written agreement between the district attorney and the offender.
The agreement shall include the terms of the pretrial diversion program, the length of the
program, as practicable as possible, the costs of the program to the offender, and the period
of time after which the district attorney must dispose of the charges against the offender.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge or charges and receives a specific sentence, an agreement concerning when the plea
of guilt will occur, to what charges to which the offender will plead guilty, and any sentence
to be imposed shall be approved by and submitted to an appropriate circuit or district court
judge having jurisdiction over the offender within the judicial circuit prior...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a
non-capital felony offense commenced by complaint, the defendant may give written notice three
days after his or her arrest to a judge of the district or circuit court of the county having
jurisdiction of the offense charged that the defendant desires to plead guilty as charged
or as a youthful offender upon the granting of youthful offender status. (b) Upon receipt
of the written notice from the defendant stating his or her desire to plead guilty, the court
shall direct the district attorney to prefer and file an information against the defendant.
The information shall be made under oath of the district attorney or a witness, and shall
accuse the defendant with the same specificity as required in an indictment of the offense
or offenses for which the defendant is charged. This section shall not be construed
to preclude the district attorney from amending or dismissing a pending charge against a...
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9-12-1
Section 9-12-1 Persons considered residents of state; burden of proof as to residence.
Except as otherwise provided in this chapter, no person shall be considered a resident of
this state, within the meaning of the term used in this chapter, who does not at the time
reside in and who shall not have resided in this state for 12 months next preceding the time
when any offense with which he is charged may have been committed; and, in all questions arising
as to residence under this chapter, the burden of proof shall rest on the defendant. (Code
1886, §4718; Code 1896, §5573; Code 1907, §7494; Code 1923, §5102; Code 1940, T. 8, §165.)...
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15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted
to bail when he is charged with an offense which may be punished by death if the court is
of the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is likely to produce
death and which was committed under circumstances such as would, if death arises from such
injury, constitute an offense which may be punished by death. (b) In cases punishable capitally,
the defendant is entitled to bail as a matter of right when the state, after the finding of
the indictment, has continued the case twice, without his consent, for the testimony of absent
witnesses. In such case, if the indictment is dismissed, the defendant, on application for
bail, is entitled to the benefit of any continuance had upon such indictment by the state
for absent witnesses; and, if another indictment is not found at the...
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15-15-23
Section 15-15-23 Hearing of testimony; receiving of plea; entry of judgment; sentencing
of defendant. (a) Upon the date fixed for the formal plea of guilty by a defendant, the court
shall proceed to hear the testimony of any witnesses who may be summoned or offered either
by the state or by the defendant or whom the court may direct to be summoned, and it must
hear also the testimony of the defendant. (b) If after hearing the testimony the court believes
beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense
charged against him in the information provided for in Section 15-15-21, the court
shall thereupon receive and enter the plea of guilty of such defendant, shall enter judgment
of conviction thereon and shall sentence the defendant to such term in the penitentiary as
is prescribed by law, any other provisions of the law to the contrary notwithstanding. (Acts
1939, No. 227, p. 367; Code 1940, T. 15, §264.)...
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