18-1A-95
Section 18-1A-95 Disposition of preliminary objections; award of litigation expenses to defendant.
(a) If the probate court determines that a preliminary objection is meritorious, the court
shall make an appropriate order including: (1) Dismissal of the action, in whole or in part,
if the plaintiff is not authorized to take the property, or some part thereof, or the acts
or omissions constituting the basis for the objection will necessarily inflict irreparable
injury upon the defendant; (2) Conditional dismissal, in whole or in part, unless, within
a specified period, the plaintiff takes corrective or remedial action prescribed in the order,
including, if appropriate, the adoption of a new or amended condemnation authorization; or
(3) Any other disposition required by the circumstances. (b) In addition to other requirements
of an order sustaining a preliminary objection or determining that the failure or omission
constituting the basis of the objection was reasonably excusable, the...
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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state under
the prohibition laws of this state, the defendant in the proceedings or the claimant of the
property shall have the right to execute a bond in double the value of such property or of
any item thereof, with good and sufficient surety, to be approved by the sheriff or the register
or clerk of the circuit court and conditioned, in the event the said property is condemned,
to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation
and to pay any difference between the value of said property at the time of the seizure and
the time of the delivery to the sheriff after condemnation, such...
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45-2-81.44
Section 45-2-81.44 Program requirements. (a) An offender who enters an intervention program
shall: (1) Waive, in writing, and contingent upon the successful completion of the program,
his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program,
of periods of limitations established by statute or rules of court. (3) Agree, in writing,
to the conditions of the Pre-Trial Intervention Program established by the district attorney.
(4) Provide a statement as to the involvement in the crime charged which shall be admissible
in any criminal trial. (5) If there is a victim of the crime, agree in writing to a restitution
agreement within a specified period of time and in an amount to be determined by the district
attorney taking into account all circumstances of the offender and victim. (b) Pre-Trial Intervention
Program records or records related to Pre-Trial Intervention Program admission, except for
the statement of the applicant concerning his or her...
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45-23-82.05
Section 45-23-82.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) The offender shall
be eligible for and shall sign to have any bond on his or her case where diversion is sought
based on personal recognizance, cash, or a property bond and not a security bond. (2) Voluntarily
waive, in writing, and contingent upon the successful completion of the program, his or her
right to a speedy trial. (3) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statutes or rules of court. (4) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (5) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district attorney taking into account circumstances
of the offender and victim. (6) A statement by the...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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35-4-137
Section 35-4-137 Release of land from lien upon execution of bond. When any lis pendens in
an action or proceeding to enforce a lien has been filed and recorded in the office of the
judge of probate, as prescribed in Sections 35-4-131 and 35-4-132, the person owning or claiming
the land described in the lis pendens may at any time, before a judgment is entered enforcing
the lien, nullify the notice given by such lis pendens by executing a bond with sufficient
surety in double the amount of the fair market value of the land described in the lis pendens
and as to which the lis pendens is to be nullified, the amount of the bond and the surety
or sureties thereon to be approved by the judge of probate. The bond shall be payable to the
judge of probate and conditioned to pay any sum of money found to be a lien against such land,
up to the fair market value of the said land, said payment to be made by 12:00 noon of the
day and at the place appointed for the sale thereof. When said bond has...
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45-29-81.01
Section 45-29-81.01 Solicitor's fee. (a) In all juvenile, traffic, criminal, and quasi-criminal
cases in the juvenile, district, circuit, and municipal courts in Fayette County, a docket
fee, hereinafter referred to as a solicitor's fee, shall be assessed in each case. The fees,
when collected, shall be distributed monthly to the Solicitor's Fund or District Attorney's
Fund in the county or to the fund that may be hereafter prescribed by law for the solicitor's
fee. The solicitor's fee shall be in an amount equal to all docket fees or court costs which
are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair
Trial Tax Fund. The amount of the solicitor's fee assessed in each case shall be limited to
the amount of the fair trial tax assessed in each case. (b) The solicitor's fee shall be collected
in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty
imposed, or where there is issued any alias or capias warrant of...
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45-29-82.65
Section 45-29-82.65 Program requirements. (a) An offender who enters into the pretrial diversion
program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing,
and contingent upon the successful completion of the program, his or her right to a speedy
trial. (2) Agree, in writing, to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) Waive in writing his or her right to a jury
trial. (4) Provide a statement as to his or her involvement in the offense charged, which
statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district attorney taking into account circumstances
of the offender and victim. (b) Pretrial diversion program records...
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