15-18-82.1
Section 15-18-82.1 Methods of execution; election of method; constitutionality. (a) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution or nitrogen hypoxia. The sentence shall be executed pursuant to Section 15-18-82. (b) A person convicted and sentenced to death for a capital crime at any time shall have one opportunity to elect that his or her death sentence be executed by electrocution or nitrogen hypoxia. (1) The election for death by electrocution is waived unless it is personally made by the person in writing and delivered to the warden of the correctional facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama Supreme Court affirming the sentence of death or, if a certificate of judgment is issued before July 1, 2002, the election must be made and delivered to the warden within 30 days after July 1, 2002. If a warrant of execution is pending on...
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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal court judge, it appears that there is reason to fear the commission of any offense by the person complained of, such judge must issue a warrant directed to any lawful officer of the state, containing the substance of the complaint and commanding such officer forthwith to arrest the person complained of and bring him before him or some other judge having jurisdiction of the matter. (b) The warrant may be after the following form: "State of Alabama, ___ County. To any lawful officer of the state: Complaint on oath having been made before me that C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly the offense threatened or about to be committed) on the person or property of ______, you are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other judge having jurisdiction of the matter, setting forth his name and office)....
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15-9-35
Section 15-9-35 Arrest warrant - Issuance; contents. If the Governor shall decide that an extradition demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to a sheriff, marshal, coroner or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §54.)...
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35-13-2
Section 35-13-2 Appraisement and description of property. (a) Such person must, within two days after the same is taken up, exhibit the property to the district court, and if, in his opinion, it is worth over $30.00, he must issue an order of appraisement to three disinterested freeholders or householders, who, after being duly sworn to estimate the value of such property fairly, must appraise and certify the same to the court, with a description of the property; if not exceeding the value of $30.00, the court must make the appraisement and description of the property. (b) The court must give the taker a copy of the appraisement and description of the property, retaining the original. (Code 1852, §§2076, 2077; Code 1867, §§2468, 2469; Code 1876, §§2864, 2865; Code 1886, §§3283, 3284; Code 1896, §§3526, 3527; Code 1907, §§5845, 5846; Code 1923, §§10159, 10160; Code 1940, T. 47, §§258, 259.)...
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35-9-7
Section 35-9-7 Service of demand or notice. (a) Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person above the age of 18 years, residing on or in possession of the premises; and in case no one is in the actual possession of said premises, then by posting the same on the premises. (b) When any such demand is made or notice served by an officer authorized to serve process, his return shall be prima facie evidence of the facts therein stated, and if such demand is made or notice served by any person not an officer, the return may be sworn to by the person serving the same, and shall then be prima facie evidence of the facts therein stated. (Code 1923, §§8824, 8825; Code 1940, T. 31, §§7, 8.)...
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15-16-21
Section 15-16-21 Suspension of felony trial to inquire into accused's sanity; proceedings upon jury findings; resumption of proceedings when sanity restored; release restriction. If any person charged with any felony is held in confinement under indictment and the trial court shall have reasonable ground to doubt his sanity, the trial of such person for such offense shall be suspended until the jury shall inquire into the fact of such sanity, such jury to be impaneled from the regular jurors in attendance for the week or from a special venire, as the court may direct. If the jury shall find the accused sane at the time of its verdict, it shall make no other inquiry, and the trial in chief shall proceed. If it finds that he is insane at that time, the court shall make an order committing him to the Alabama state hospitals, where he must remain until he is restored to his right mind. When the superintendent of the hospitals shall be of opinion that such person is so restored, he shall...
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15-9-43
Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the district or circuit court judge must admit the person arrested to bail by bond or undertaking, with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in such bond or undertaking, and for his surrender, to be arrested upon the warrant of the Governor of this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §63.)...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides; (2) An individual or corporation nominated by the protected person who is 14 or more years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact under a valid durable power of attorney previously executed by the protected person and giving the attorney-in-fact reasonably broad powers over the property of the protected person; (4) The spouse of the protected person, or a person nominated by the will of a deceased spouse to whom the protected person was married at the decedent's death...
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12-11-1
Section 12-11-1 Circuit court in every county. (a) There is provided in every county in the state a circuit court with all the jurisdiction and powers that are conferred on the circuit court by the Constitution and laws of this state. (b) Persons elected to or appointed to a circuit court judgeship must have been admitted to practice law in this state a combined total of seven years or more, or admitted to practice law by any other state for a combined total of seven years or more, prior to beginning a term of office or appointment to serve a vacant term of office. In addition, the person must not have received from any state or state bar association a suspension or disbarment within the 10 years preceding election or appointment. (Acts 1915, No. 217, p. 279; Code 1923, §6677; Code 1940, T. 13, §127; Act 2009-562, p. 1632, §1; Act 2019-539, §1.)...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any circuit court or district court having reason to believe that the testimony of any convict serving a sentence in the penitentiary or to hard labor for the county is necessary in any criminal prosecution for the state and that other evidence cannot be obtained on behalf of the state may order a writ to be issued by the clerk, commanding the Board of Corrections to have the convict before the court on a specified day to give testimony in the particular case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution showing that a convict serving sentence in the penitentiary knows facts which would be beneficial to him, the judge may, if he believes the ends of justice will be served thereby, order the issuance of such a writ to secure the appearance of the convict to testify on behalf of the defendant. The writ shall be served on the board at least one week...
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