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12-16-76
Section 12-16-76 Insufficient number of qualified jurors to form juries. Whenever there are
not enough qualified jurors in attendance upon the court to form the juries required, the
judge of the court shall cause to be provided from the master jury list names of as many prospective
jurors as the judge deems necessary to complete the empaneling of all juries then required.
The court shall forthwith cause to be summoned all prospective jurors thus drawn to attend
court when required, and they may be summoned by personal service or by telephone. The court
shall then proceed to empanel or complete the empaneling of the juries as provided in this
article. If, prior to commencement of striking, due to challenges for cause or for any other
reason, the number of names on the lists from which the parties are to strike is reduced below
the minimums established in Rule 18.4, Alabama Rules of Criminal Procedure, in criminal cases
or Rule 47, Alabama Rules of Civil Procedure, in civil cases, unless...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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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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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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37-1-124
Section 37-1-124 Proceedings on appeal. The commission's order shall be taken as prima facie
just and reasonable. No new or additional evidence may be introduced in the circuit court,
except as to fraud or misconduct of some person engaged in the administration of this title
and affecting the order, ruling or award appealed from, but the court shall otherwise hear
the case upon the certified record and shall set aside the order if the court finds that:
(1) The commission erred to the prejudice of appellant's substantial rights in its application
of the law; or (2) The order, decision or award was procured by fraud or was based upon a
finding of facts contrary to the substantial weight of the evidence. However, the court may,
instead of setting aside the order, remand the case to the commission for further proceedings
in conformity with the direction of the court. The court may, in advance of judgment and upon
a sufficient showing, remand the case to the commission for the purpose of...
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45-37A-240.01
Section 45-37A-240.01 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary,
the Municipal Court of the City of Hoover, Alabama, may assess a prisoner transport fee against
a defendant for expenses incurred in transporting the defendant on a Hoover Municipal Court
misdemeanor warrant from another municipal jail, county jail, or a state detention facility
to the Hoover Municipal Detention Facility. (2) The fee provided in this section may be assessed
in all criminal cases by the municipal judge when a transport is required as described in
subdivision (1), and may be collected only when a defendant is adjudicated guilty or pleads
guilty on or after May 24, 2005. The prisoner transport fee shall be collected from the defendant
as court costs and other fees are collected. (3) Assessment of a prisoner transport fee by
the municipal court is permitted only when transport of a defendant is required from outside
the police jurisdiction of the City of Hoover, but within the...
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45-37A-270
Section 45-37A-270 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary,
the Municipal Court of the City of Irondale in Jefferson County may assess a prisoner transport
fee against a defendant for expenses incurred in transporting the defendant on an Irondale
Municipal Court misdemeanor warrant from another municipal jail, county jail, or a state detention
facility to the municipal jail for the City of Irondale. (2) The fee provided in this section
may be assessed in all criminal cases by the municipal judge when a transport is required
as described in subdivision (1), and may be collected only when a defendant is adjudicated
guilty or pleads guilty on or after May 22, 2013. The prisoner transport fee shall be collected
from the defendant as court costs and other fees are collected. (3) Assessment of a prisoner
transport fee by the municipal court is permitted only when transport of a defendant is required
from outside the police jurisdiction of the City of Irondale,...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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6-6-453
Section 6-6-453 Payment of indebtedness or liability to clerk; effect thereof; ordering of
deposit by court. (a) When the garnishee admits indebtedness or liability to the defendant
and the defendant has not executed bond for the dissolution of the garnishment, as provided
in Division 4 of this article, the garnishee may, by order of the court first had and obtained,
pay the amount of such indebtedness or liability or so much thereof as the court may direct
into the hands of the clerk, to be held subject to the judgment in the case. Such payment
has the effect to discharge the garnishee from liability for the amount so paid and interest
subsequently accruing thereon, but does not prevent the interposition and trial of collateral
issues as provided in Division 6 of this article. (b) The court may, in its discretion, direct
the clerk to deposit, pending the action, the money at interest in a bank authorized to receive
deposits of public funds. (Code 1896, §§2188, 2189; Code 1907,...
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15-18-144
Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld
or attached. (a) Any provision of any law of this state to the contrary notwithstanding and
in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any decree, judgment, or order requiring the payment
of restitution may include, upon motion of the victim, district attorney, the Attorney General,
or the court, an order requiring that any asset or other income or any portion thereof to
which a defendant is or may be entitled be withheld or attached, and such order may also require
any person in real or constructive possession, custody, or control thereof to pay over, deliver,
convey, transfer, or assign the same to the clerk of the court for disbursement, transfer,
or assignment to the victim in accordance with the defendant's restitution obligation. If
the prison authority reasonably believes that the defendant's...
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