15-8-131
Section 15-8-131 Preferring of new indictment where judgment arrested or original indictment quashed; entry of record. When a judgment is arrested or an indictment quashed on account of any defects therein, because it was not found by a grand jury regularly organized, because it charged no offense or for any other cause, the court may order another indictment to be preferred for the offense charged or intended to be charged, and in such case, an entry of record must be made setting forth the facts. (Code 1852, §596; Code 1867, §4146; Code 1876, §4819; Code 1886, §4394; Code 1896, §4922; Code 1907, §7160; Code 1923, §4555; Code 1940, T. 15, §258.)...
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33-6-10
Section 33-6-10 Enforcement of chapter, rules, etc.; prosecutions under chapter; violations and penalties. (a) This chapter and rules and orders adopted under this chapter shall be enforced by the State Board of Health and the State Department of Conservation and Natural Resources according to rules adopted by the board and department. (b) Any person may complain under oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district attorney, or indictment returned by a grand jury, the charge shall be tried in court to which the warrant is returnable, and the warrant may be made returnable to a district court or to the circuit court and the courts shall have original and concurrent jurisdiction of the offense, or if an indictment is returned, the circuit court shall have jurisdiction of the offense. Convicted persons may appeal as now provided by law. Whether...
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12-1-13
Section 12-1-13 Grounds for disqualification of justices of Supreme Court and judges of courts of appeals from participation in decision of cases. No justice of the Supreme Court or judge of a Court of Appeals of Alabama shall participate in the decision of any case in the Supreme Court or a court of appeals appealed to said court from any lower court of the State of Alabama, of which lower court said justice was judge at the time said case was decided and who presided at the trial of said case in said lower court. (Code 1907, §4628; Code 1923, §8572; Code 1940, T. 13, §7.)...
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15-9-82
Section 15-9-82 Right of prisoner to final disposition of untried indictments, etc., pending against him; duty of official having custody of prisoners to inform prisoners of untried indictments, etc.; failure to notify prisoners of filing of detainers. (a) Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried indictment, information or complaint pending against him in this state. The request shall be in writing addressed to the court in which the indictment, information or complaint is pending and to the district attorney charged with the duty of prosecuting it, and shall set forth the place of imprisonment. (b) The warden or other like official having custody of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried indictment, information or complaint against him of which the warden or other like official had knowledge or notice, and of his right to make a request for...
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6-6-626
Section 6-6-626 Commencement of actions against receivers or managers of property. A receiver or manager of property, appointed by any court, may have an action commenced against him in respect to any act or transaction of his in carrying on the business connected with such property in this state without the previous leave of the court in which such receiver or manager was appointed. (Code 1896, §803; Code 1907, §5730; Code 1923, §10117; Code 1940, T. 7, §1160.)...
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12-17-234
Section 12-17-234 Restriction on powers of office. Anything in this article to the contrary notwithstanding, the Office of Prosecution Services may not exercise any power, supervisory or otherwise, undertake any duty or perform any function presently or hereafter assigned by law to the Governor of this state, the Attorney General, the Chief Justice of the Supreme Court or any district attorney of any court of record in this state. (Acts 1975, No. 1037, p. 2079, §5.)...
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12-17-25
Section 12-17-25 Appointment of relief judges to assist in clearing dockets. Any judge shall, whenever he deems it necessary, call on the Chief Justice of the Supreme Court to assign one or more judges to relieve the judges who need assistance in clearing dockets, civil and criminal. (Acts 1915, No. 712, p. 809; Acts 1919, No. 321, p. 275; Code 1923, §6699; Code 1940, T. 13, §173; Acts 1949, No. 411, p. 583; Acts 1953, No. 510, p. 645; Acts 1957, No. 680, p. 1029; Acts 1959, 2nd Ex. Sess., No. 92, p. 276.)...
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12-2-3
Section 12-2-3 Powers of justices - Administration of oaths and taking of affidavits and acknowledgments. The Chief Justice and every associate justice of the Supreme Court of Alabama may administer any oaths and take any affidavits or acknowledgments authorized or required by law. (Acts 1915, No. 3, p. 35; Code 1923, §10278; Code 1940, T. 13, §19.)...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions; components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme Court. (2) Nothing in this chapter shall affect the...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital felony offense commenced by complaint, the defendant may give written notice three days after his or her arrest to a judge of the district or circuit court of the county having jurisdiction of the offense charged that the defendant desires to plead guilty as charged or as a youthful offender upon the granting of youthful offender status. (b) Upon receipt of the written notice from the defendant stating his or her desire to plead guilty, the court shall direct the district attorney to prefer and file an information against the defendant. The information shall be made under oath of the district attorney or a witness, and shall accuse the defendant with the same specificity as required in an indictment of the offense or offenses for which the defendant is charged. This section shall not be construed to preclude the district attorney from amending or dismissing a pending charge against a...
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