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13A-12-193
Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age.
(a) In proving that a person in a visual depiction who is engaged in any obscene act set out
in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 is under the age of 17 years,
the state is not required to introduce into evidence a birth certificate, produce testimony
as to the date of birth of such person, or produce testimony of any person who knows or is
acquainted with the person alleged to be under the age of 17 years. If the defendant or the
state intends to rely on a birth certificate to prove the date of birth of any person in the
visually reproduced matter, such defendant or the state shall file with the clerk of the court
in which the action is pending, at least 15 days prior to trial, a notice of an intention
to rely on an official, certified copy of a birth certificate together with a copy of the
birth certificate. (b) A jury, or the court if a jury trial is waived, may...
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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort
action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
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17-13-82
Section 17-13-82 Contest of nomination to county office - Appeals from decisions of county
executive committee. (a) Either party to a contest under this article shall have the right
of an appeal to the state executive committee from the final decision of the county executive
committee upon the same. Notice of such appeal shall be filed with the chair of the state
executive committee within two business days after determination of such contest by the county
executive committee. At the time of filing with the chair of the state executive committee
the notice of appeal, such appellant shall deposit with the chair of the state executive committee
the sum of one hundred dollars ($100) to cover such cost and expenses as may be incurred by
the state executive committee to hear and determine the appeal. Upon the filing of any such
appeal, the chair of the county executive committee from whose decision the appeal is taken
shall certify to the chair of the state executive committee, forthwith...
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29-2-159
Section 29-2-159 Base and discretionary amounts of compensation; hearing; certification and
payment. (a) If an applicant's eligibility is verified by the Division of Risk Management,
the committee shall certify to the applicant an amount equal to fifty thousand dollars ($50,000)
for each year or the pro rata amount for the portion of each year of incarceration. (b) The
committee, after hearing testimony, shall have the authority to recommend some discretionary
amount in addition to the base amount if circumstances warrant such a supplemental award.
Any such supplemental amount shall be in the form of a bill to be presented to the Legislature.
(c) At the hearing on additional compensation the applicant may introduce evidence in the
form of affidavits or testimony to support the additional compensation as provided in subsection
(b) and the Attorney General or the local prosecutor's office under whose jurisdiction the
case was prosecuted may introduce counter affidavits or testimony in...
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13A-12-92
Section 13A-12-92 Proof of ownership, etc. Upon the trial of such person, proof of the owning,
holding or possession of such stamp may be made by two witnesses who have seen such stamp
in the place of business of the holder or on his person, or by the production of the original
stamp with proof by one or more witnesses that it is the property of the defendant, or by
production by the state of a copy of such stamp certified by the director of the issuing federal
internal revenue district as being a copy of the stamp originally issued to the defendant.
Proof made as herein provided shall be sufficient evidence, without explanation, to convict
of violation of the gambling laws. (Acts 1953, No. 741, p. 1005, §3; Code 1975, §13-7-132.)...
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15-13-132
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice of the
rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the
court and served according to the terms as established in this article within 90 days of the
court's conditional forfeiture order to the defendant and sureties. The notice may be in the
following form: STATE OF ALABAMA ___ (or City of ___) Defendant vs ___ County ___ Surety Case
No. ___ ___ Surety Charge: ___ Conditional Forfeiture Notice To: ___ ___ Court Defendant ___
___ Surety You are hereby notified that your name appears as a surety on the bond in the above
styled case. This case was called for trial on ___ (date) and the defendant was not present
to answer. Therefore, a conditional forfeiture of ___ dollars was entered against you. You
shall file a written response within 28 days after you...
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36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally;
appointment and duties of examiners; conduct of trial. In all original proceedings commenced
under this chapter in the Supreme Court, either party shall have compulsory process to compel
the attendance of witnesses, to be issued by the clerk of the court and served by the marshal
of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on
the trial in open court. The examination of such witnesses shall be conducted and defaulting
witnesses shall be subject to similar proceedings and penalties as in criminal cases in the
circuit court; but, on the written consent of the defendant, the court or a justice thereof,
in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly
or severally, as may be directed in the order of appointment, to take and certify by such
day as may be fixed in the order of appointment the evidence against...
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