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15-12-46
Section 15-12-46 Applicability of article to establishment of appointed counsel or contract
counsel systems, etc. Nothing in this article shall be construed to exclude establishment
of appointed counsel or contract counsel systems parallel to a public defender system or to
preclude judges from appointing counsel for indigent defendants where there is a conflict
of interest involving the public defender or if the public defender is unable to provide prompt
and adequate representation, and the indigent defense systems chosen do not provide any other
alternative. (Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)...
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15-15-22
Section 15-15-22 Fixing of date to formally make and enter plea; service of notice. When an
information has been filed as provided in Section 15-15-21 and counsel employed or appointed,
the court shall, by order entered upon the minutes of the court, fix a date for the defendant
to formally make and enter his plea of guilty in open court, which date shall not be within
15 days after the arrest of the defendant nor within three days after notice to the court
of his intention to plead guilty, and notice of such date shall be served by the sheriff upon
the defendant and upon his counsel. (Acts 1939, No. 227, p. 367; Code 1940, T. 15, §263.)...
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31-2A-61
Section 31-2A-61 (Article 61.) Withdrawal of appeal. (a) In each case subject to appellate
review under this code, the accused may file with the convening authority a statement expressly
withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by
both the accused and his or her defense counsel and must be filed in accordance with appellate
procedures as provided by law. (b) The accused may withdraw an appeal at any time in accordance
with appellate procedures as provided by law. (Act 2012-334, p. 790, §1.)...
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31-2A-70
Section 31-2A-70 (Article 70.) Appellate counsel. (a) The senior judge advocate shall detail
a judge advocate as appellate government counsel to represent the state in the review or appeal
of cases specified in Section 31-2A-67 (Article 67) and before any federal court when requested
to do so by the state Attorney General. (b) Upon an appeal by the state, an accused has the
right to be represented by detailed military counsel before any reviewing authority and before
any appellate court. (c) Upon the appeal by an accused, the accused has the right to be represented
by military counsel before any reviewing authority. (d) Upon the request of an accused entitled
to be so represented, the regional defense counsel shall appoint a judge advocate to represent
the accused in the review or appeal of cases specified in subsections (b) and (c). (e) An
accused may be represented by civilian appellate counsel at no expense to the state. (Act
2012-334, p. 790, §1.)...
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12-15-305
Section 12-15-305 Right to counsel for petitioners or respondent parents, legal guardians,
or legal custodians in dependency proceedings. THIS SECTION WAS CREATED BY ACT 2008-277 IN
THE 2008 REGULAR SESSION, EFFECTIVE JANUARY 1, 2009. (a) Upon request and a finding of indigency,
the juvenile court may appoint an attorney to represent the petitioner and may order recoupment
of the fees of the attorney to be paid to the State of Alabama. (b) In dependency and termination
of parental rights cases, the respondent parent, legal guardian, or legal custodian shall
be informed of his or her right to be represented by counsel and, if the juvenile court determines
that he or she is indigent, counsel shall be appointed where the respondent parent, legal
guardian, or legal custodian is unable for financial reasons to retain his or her own counsel.
(Act 2008-277, §18.)...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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32-5-316
Section 32-5-316 Courts may prohibit operation of motor vehicles by persons convicted of violation
of automobile laws. Whenever a defendant is convicted by any court of competent jurisdiction
of operating a motor vehicle in violation of any criminal statute or ordinance, the court
trying the case, in its discretion, may, in addition to the other punishment fixed by law,
enter an order forbidding such person to drive a motor vehicle upon any street or highway
in the State of Alabama for a period to be specified by the court, or perpetually, as the
court may determine. Any person driving a motor vehicle in violation of such an order of court
shall be guilty of a misdemeanor. Any defendant against whom such an order has been entered
shall have the same right of appeal and supersedeas as is now granted him or her with reference
to the sentence of the court imposing punishment fixed by law, and the appellate court shall
have the right to modify or annul the order forbidding the operation by...
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41-4-324
Section 41-4-324 Indigent Defense Review Panel. There is created the Indigent Defense Review
Panel which shall consist of five members who each shall serve a three-year term. Two members
shall be appointed by the President of the Alabama State Bar, one member shall be appointed
by the President of the Alabama Circuit Judges Association, one member shall be appointed
by the President of the District Judges Association, and one member who shall be the President
of the Alabama Lawyers Association, or his or her designee. They shall serve staggered terms.
The initial appointee by the President of the District Judges Association shall serve a one-year
term and the initial appointee of the President of the Circuit Judges Association shall serve
a two-year term. The appointees shall be members of the association for which the appointing
authority serves as president. Any decision of the director relating to delivery of indigent
defense services may be appealed to the Indigent Defense Review...
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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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12-22-242
Section 12-22-242 Reversal of judgment. If the judgment is reversed, the appellate court may
order a new trial or that the defendant be discharged or that he be held in custody until
discharged by due course of law or make such other order as the case may require. If the defendant
is ordered to be discharged, no forfeiture can be taken on his undertaking of bail. (Code
1876, §4992; Code 1886, §4523; Code 1896, §4335; Code 1907, §6266; Code 1923, §3259;
Code 1940, T. 15, §390.)...
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