43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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45-35-232.20
Section 45-35-232.20 Work release for gainful employment conducive to rehabilitation. A person
who has been sentenced or committed to the county jail in Houston County, from a city court,
district court, circuit court, or other court with appropriate jurisdiction, under a criminal
sentence, including a person sentenced to a state prison or into the custody of the Department
of Corrections who has been deemed not to be a threat to the community and who has not been
transferred to a Department of Corrections' facility may be released at the discretion of
the sentencing court, either on its motion or upon the motion of the defendant, at the time
of sentence or at any time during the term of sentence, for the purpose of obtaining and working
at gainful employment or for other purposes as the court may deem conducive to rehabilitation,
for such time or intervals of time and under the terms and conditions as the court may order.
Any part of a day spent outside of jail under a release order...
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11-45-9.1
schedule of fines; additional penalty for failure to appear; disposition of fines. (a) By ordinance,
the governing body of any municipality may authorize any law enforcement officer of a municipality
or any law enforcement officer of the state, in lieu of placing persons under custodial arrest,
to issue a summons and complaint to any person charged with violating any municipal littering
ordinance; municipal ordinance which prohibits animals from running at large, which shall
include leash laws and rabies control laws; or any Class C misdemeanor or violation
not involving violence, threat of violence or alcohol or drugs. (b) Such summons and complaint
shall be on a form approved by the governing body of the municipality and shall contain the
name of the court; the name of the defendant; a description of the offense, including the
municipal ordinance number; the date and time of the offense; the place of the offense; signature
of the officer issuing the citation; the scheduled...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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40-10-78
Section 40-10-78 Tender of party claiming adversely to tax title; payment of excess. (a) In
any action under the provisions of either Section 40-10-76 or 40-10-77, the party claiming
adversely to the tax title may, at any time, tender the amounts required in such sections
to be ascertained by the court, with interest as therein prescribed; and no costs accruing
after such tender shall be recovered of him, if, upon a refusal of the tender, he shall pay
such amounts into court. (b) If the party is entitled to recover an excess pursuant to Section
40-10-28, the court shall ascertain the amount of the tender after allowing a credit for any
such amount and shall direct the county treasurer, or other holder of the excess, to pay the
amount of the excess to the court. The county need not be named as a party to the proceedings.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §291; Act 2009-508, p. 937, §1.)...
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26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990,
No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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45-37A-331.03
Section 45-37A-331.03 Utilization of photographic traffic signal enforcement system. (a) The
city is authorized to utilize an automated photographic traffic signal enforcement system
to detect and record traffic signal violations, to issue notices of civil violations by mail,
and to prosecute civil violations for the recorded traffic signal violations which may occur
within the corporate limits of the city as provided in this part. A civil fine assessed under
this part shall not exceed one hundred dollars ($100), and municipal court costs shall be
assessed in the same manner and in the same amounts prescribed for a municipal criminal traffic
control device violation prosecuted as a misdemeanor under Sections 32-5A-31, 32-5A-32, or
32-5A-35, or any combination thereof. Court costs collected pursuant to this part shall be
distributed in the same manner as prescribed by law for the distribution of municipal court
costs for misdemeanor violations. An additional fee of ten dollars ($10)...
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