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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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36-11-21
Section 36-11-21 Fees and compensation of witnesses generally; statement to be filed by examiner
as to fees and compensation to which witnesses entitled; payment of fees and compensation
of state witnesses before Supreme Court when proceedings instituted on information of Attorney
General. Witnesses in impeachment cases are entitled to the same fees and compensation as
witnesses in civil cases in the circuit court, to be certified in the same manner and taxed
and collected as costs. The examiner must file with his return a statement showing the names
of witnesses examined by each party and the fees and compensation to which they are entitled.
When the proceeding is upon the information of the Attorney General, the fees of witnesses
on the part of the state attending before the Supreme Court must be paid out of the treasury
on warrant of the Comptroller, drawn upon the certificate of the clerk showing the fees and
compensation to which the witness is entitled and the approval of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-11-21.htm - 1K - Match Info - Similar pages
12-21-3.1
Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition
of criminal matters. (a) Neither law enforcement investigative reports nor the testimony of
a law enforcement officer may be subject to a civil or administrative subpoena except as provided
in subsection (c). (b) Law enforcement investigative reports and related investigative material
are not public records. Law enforcement investigative reports, records, field notes, witness
statements, and other investigative writings or recordings are privileged communications protected
from disclosure. (c) Under no circumstance may a party to a civil or administrative proceeding
discover material which is not authorized discoverable by a defendant in a criminal matter.
Noncriminal parties may upon proper motion and order from a court of record: Secure photographs,
documents and tangible evidence for examination and copying only by order of a court imposing
such conditions and qualifications as may be...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice
of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person,
agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless
parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed
custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined
in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased
parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319.
(6) Any person known to the petitioners as currently having physical custody of the adoptee,
excluding foster parents or other private licensed agencies, or having visitation rights with
the adoptee under an existing court order. (7) The agency or individual authorized to investigate
the adoption under Section 26-10A-19. (8) Any other...
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27-10-52
Section 27-10-52 Service of process upon insurer; judgment by default. (a) Service of process
upon an insurer pursuant to Section 27-10-51 shall be made by delivering to, and leaving with,
the commissioner, or some person in apparent charge of his office, two copies thereof and
the payment to him of such fees as may be prescribed by law. The commissioner shall forthwith
mail by registered mail one of the copies of the process to the defendant at its last known
principal place of business and shall keep a record of all process so served upon him. Such
service of process is sufficient, provided notice of the service and a copy of the process
are sent promptly after such service by the commissioner by registered mail to the defendant
at its last known principal place of business and the defendant's receipt, or receipt issued
by the post office with which the letter is registered, showing the name of the sender of
the letter and the name and address of the person to whom the letter is...
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26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to determine
the suitability of each petitioner and the home in which the adoptee will be placed. The investigation
shall include a criminal background investigation and any other circumstances which might
be relevant to the placement of an adoptee with the petitioners. A copy of the pre-placement
investigation shall be filed with the court when the petition for adoption is filed. (b) An
individual or couple may initiate a pre-placement investigation by request directly through
the Department of Human Resources or a licensed child placing agency or by filing a request
with the probate court. The court may appoint any agency or individual qualified under subsection
(d) to perform the pre-placement investigation. Upon completion of the investigation, a copy
of the report shall be sent to the petitioners. The report is to be filed with the court at
the time of the filing of the petition for adoption. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-19.htm - 4K - Match Info - Similar pages
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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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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