31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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12-17-275
Section 12-17-275 Duties. The official court reporter shall attend in person, except as otherwise
herein provided, the sessions of court held in the circuit for which he is appointed, and
in every case, where directed by the judge or requested by a party thereto, he shall take
full stenographic notes of the oral testimony and proceedings, except argument of counsel,
and note the order in which all documentary evidence is introduced, all objections of counsel,
the rulings of the court thereon and exceptions taken or reserved thereto. When directed by
the judge, he shall attend the investigations of the grand jury and there take such notes
of the testimony as directed by the district attorney or foreman. The original stenographic
notes of such court reporter in each case or proceeding officially reported shall be preserved
by him and treated as a part of the records of the respective courts, and upon his retirement
from office, shall be turned over to the clerks of such courts. In cases...
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15-12-4
Section 15-12-4 Voluntary indigent defense advisory boards. (a) Creation. In each judicial
circuit, a voluntary indigent defense advisory board shall be established. (b) Composition;
qualifications, appointment, term of office, and removal of members; vacancies. - The voluntary
indigent defense advisory board shall be composed of five members who are residents of the
judicial circuit in which they are appointed, including the presiding circuit judge as the
chair, the president of the local circuit bar association and three other attorneys all selected
by the bar commissioner or commissioners for that circuit. The membership of the voluntary
indigent defense advisory board in each judicial circuit shall be inclusive and reflect the
racial, gender, and economic diversity of the judicial circuit. In a multi-county circuit,
the bar commissioner or commissioners shall select the president of a county bar association
existing within the circuit to serve on the indigent defense advisory...
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15-26-1
Section 15-26-1 Conduct of pre-trial proceeding by audio-video communication device. Whenever
the law requires a defendant in a criminal case to appear before any judge or magistrate for
a first or subsequent appearance, bail, arraignment, or other pre-trial proceeding, at the
discretion of the court, the proceeding may be conducted by an audio-video communication device,
in which case the defendant shall not be required to be physically brought before the judge
or magistrate. The audio-video communication shall enable the judge or magistrate to see and
converse simultaneously with the defendant or other person and operate so that the defendant
and his or her counsel, if any, can communicate privately, and so that the defendant and his
or her counsel are both physically present in the same place during the audio-video communication.
The signal of the audio-video communication shall be transmitted live and shall be secure
from interception through lawful means by anyone other than the...
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40-10-27
Section 40-10-27 Fees. For each notice to a delinquent property owner to show cause why a decree
of sale should not be rendered, the judge of probate is entitled to a fee of $5 and for each
decree of sale, $5; the tax collector shall have $5 for serving each notice which may be given
by certified or registered mail with return receipt demanded, but for his attendance at court,
he shall receive no pay; but in case of appeal, the sheriff and the clerk of the appellate
court shall be entitled to the same fees as for services in like cases. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §274; Acts 1980, No. 80-630, p. 1087, §7; Acts 1990, No. 90-535,
p. 837, §1.)...
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12-22-193
Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of financial
information; estimate of costs and fees. Upon the filing of the petition with the clerk or
the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have
the defendant or petitioner brought before him and shall examine the defendant or petitioner
under oath concerning the required averment in the petition that the defendant or petitioner
is without sufficient funds, and has no reasonable way to procure the same, to pay the court
reporter all of his lawful fees for transcribing the evidence and other proceedings had at
the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal.
The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and
may call upon the sheriff, the district attorney and other officers of the court to ascertain
information relevant to the financial condition and ability of defendant...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
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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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37-1-143
Section 37-1-143 Review of case to be upon certified record or transcript; remand of case to
commission for additional proceedings; employment of special masters, accountants, consultants,
etc., by chief justice. The court shall review the case upon the certified record or transcript
of the commission, and no new or additional evidence shall be introduced or oral testimony
heard, but the court may, in advance of its judgment, remand the case to the commission for
the purpose of taking additional testimony or other proceedings. In the event the court, in
advance of its judgment, does not remand the case to the commission for the purpose of taking
additional testimony or other proceedings, then the court shall have up to 180 days from the
date the case is submitted to the court to render its judgment. For the purpose of carrying
out the provisions of this subdivision 2, the chief justice of the supreme court, with the
advice and consent of the supreme court, is hereby authorized to...
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45-2-84.18
Section 45-2-84.18 Fund surplus. If, at the end of any calendar year, there remains a surplus
in the Baldwin County Community Corrections Fund, the surplus may be held by the Baldwin County
Pretrial Release and Community Corrections Board to be used to expand the provisions of this
part or be paid over to the General Fund of Baldwin County Commission at the discretion of
the Baldwin County Pretrial Release and Community Corrections Board to be used to expand the
services provided to defendants and victims in the criminal justice system, including, but
not limited to, the sheriff, the district attorney's office, the law library, or any funds
for the benefit of the court, court facilities, and equipment for indigent defense. (Act 2005-135,
p. 229, §19.)...
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