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31-2A-29
Section 31-2A-29 (Article 29.) Absent and additional members. (a) No member of a general or
special court-martial may be absent or excused after the court has been assembled for the
trial of the accused unless excused as a result of a challenge, excused by the military judge
for physical disability or other good cause, or excused by order of the convening authority
for good cause. (b) Whenever a general court-martial, other than a general court-martial composed
of a military judge only, is reduced below five members, the trial may not proceed unless
the convening authority details new members sufficient in number to provide not less than
the applicable minimum number of five members. The trial may proceed with the new members
present after the recorded evidence previously introduced before the members of the court
has been read to the court in the presence of the military judge, the accused, and counsel
for both sides. (c) Whenever a special court-martial, other than a special...
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31-2A-54
Section 31-2A-54 (Article 54.) Record of trial. (a) Each general and special court-martial
shall keep a separate record of the proceedings in each case brought before it, and the record
shall be authenticated by the signature of the military judge. If the record cannot be authenticated
by the military judge by reason of his or her death, disability, or absence, it shall be authenticated
by the signature of the trial counsel or by that of a member, if the trial counsel is unable
to authenticate it by reason of his or her death, disability, or absence. In a court-martial
consisting of only a military judge, the record shall be authenticated by the court reporter
under the same conditions which would impose such a duty on a member under this subsection.
(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each
general and special court-martial case resulting in a conviction. (2) In all other court-martial
cases, the record shall contain such matters as...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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31-2A-25
Section 31-2A-25 (Article 25.) Who may serve on courts-martial. (a) Any commissioned officer
of the Alabama National Guard is eligible to serve on all courts-martial for the trial of
any person subject to this code. (b) Any warrant officer of the Alabama National Guard is
eligible to serve on general and special courts-martial for the trial of any person subject
to this code, other than a commissioned officer. (c) Any enlisted member of the state military
forces who is not a member of the same unit as the accused is eligible to serve on general
and special courts-martial for the trial of any enlisted member subject to this code, but
that member shall serve as a member of a court only if, before the conclusion of a session
called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in
the absence of such a session, before the court is assembled for the trial of the accused,
the accused personally has requested orally on the record or in writing that enlisted...
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31-2A-62
Section 31-2A-62 (Article 62.) Appeal by the state. (a)(1) In a trial by court-martial in which
a punitive discharge may be adjudged, the state may appeal the following, other than a finding
of not guilty with respect to the charge or specification by the members of the court-martial
or an order or ruling that is, or that amounts to, a finding of not guilty with respect to
the charge or specification: a. An order or ruling of the military judge which terminates
the proceedings with respect to a charge or specification. b. An order or ruling which excludes
evidence that is substantial proof of a fact material in the proceeding. c. An order or ruling
which directs the disclosure of classified information. d. An order or ruling which imposes
sanctions for nondisclosure of classified information. e. A refusal of the military judge
to issue a protective order sought by the state to prevent the disclosure of classified information.
f. A refusal by the military judge to enforce an order...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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31-2A-42
Section 31-2A-42 (Article 42.) Oaths or affirmations. (a) Before performing their respective
duties, military judges, general and special courts-martial members, trial counsel, defense
counsel, reporters, and interpreters shall take an oath or affirmation in the presence of
the accused to perform their duties faithfully. The form of the oath or affirmation, the time
and place of the taking of the oath, the manner of recording the oath, and whether the oath
or affirmation shall be taken for all cases in which these duties are to be performed or for
a particular case, shall be as prescribed in regulation or as provided by law. These regulations
may provide that an oath or affirmation to perform faithfully the duties as a military judge,
trial counsel, or defense counsel may be taken at any time by any judge advocate or other
person certified or designated to be qualified or competent for the duty, and if such an oath
or affirmation is taken, it need not again be taken at the time the...
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34-24-276
the viewing is not related to patient diagnosis or treatment according to current practice
standards. (12) Any other misconduct defined by the board. (b) Whenever charges are preferred
against any holder of a license, the board shall fix a time and place for the hearing of the
same, and a copy of the charges, in writing and verified by oath, together with a notice of
the time and place of hearing, shall be served upon the accused at least 10 days before the
date fixed for the hearing. When personal service cannot be effected, the board shall
cause to be published at least 30 days prior to the date set for the hearing, in a newspaper
published in the county in which the accused was last known to practice, a notice to the effect
that at a definite time and place a hearing will be held by the board on charges preferred
against the person. The board may issue subpoenas and compel the attendance of witnesses and
the production of all necessary papers, books and records, documentary...
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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
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