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31-2A-99
Section 31-2A-99 (Article 99.) Misbehavior before the enemy. Any person subject to this code
who before or in the presence of the enemy does any of the following shall be punishable as
a court-martial may direct: (1) Runs away. (2) Shamefully abandons, surrenders, or delivers
up any command, unit, place, or military property which it is his or her duty to defend. (3)
Through disobedience, neglect, or intentional misconduct endangers the safety of any such
command, unit, place, or military property. (4) Casts away his or her arms or ammunition.
(5) Is guilty of cowardly conduct. (6) Quits his or her place of duty to plunder or pillage.
(7) Causes false alarms in any command, unit, or place under control of the Armed Forces of
the United States or the state military forces. (8) Willfully fails to do his or her utmost
to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft,
or any other thing, which it is his or her duty so to encounter, engage, capture,...
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31-2A-38
Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel. (a) The trial counsel
of a general or special court-martial shall prosecute in the name of the state, and, under
the direction of the court, shall prepare the record of the proceedings. (b)(1) The accused
has the right to be represented in defense before a general or special court-martial or at
an investigation under Section 31-2A-32 (Article 32) as provided in this subsection. (2) The
accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by either of the following: a. By military counsel detailed
under Section 31-2A-27 (Article 27). b. By military counsel of the accused's own selection
if that counsel is reasonably available as determined under subdivision (7). (4) If the accused
is represented by civilian counsel, military counsel detailed or selected under subdivision
(3) shall act as associate counsel unless excused at the request of...
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15-16-23
Section 15-16-23 Suspending execution of death sentence of insane convict; order upon restoration
to sanity; limitations on jurisdiction to suspend execution. If after conviction and sentence
to death, but at any time before the execution of the sentence, it is made to appear to the
satisfaction of the trial court that the convict is then insane, such trial court shall forthwith
enter an order in the trial court suspending the execution of the sentence to the time fixed
in the order; and, if it subsequently is made to appear to the court that such convict, the
execution of the sentence of whom has thus been suspended, is restored to sanity, the trial
court shall forthwith have another order entered ordering and commanding the execution of
the judgment and sentence originally awarded in said court at a time fixed in such order.
This mode of suspending the execution of sentence after conviction on account of the insanity
of the convict shall be exclusive and final and shall not be...
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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent,
may be tried a second time for the same offense. (b) No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a trial pursuant
to this article until the finding of guilty has become final after review of the case has
been fully completed. (c) A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or on motion of the prosecution
for failure of available evidence or witnesses without any fault of the accused is a trial
in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C.,
shall be barred from prosecution under this code. (Act 2012-334, p. 790, ยง1.)...
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31-2A-136
Section 31-2A-136 (Article 136.) Authority to administer oaths and to act as notary. (a) The
following persons may administer oaths for the purposes of military administration, including
military justice: (1) All judge advocates. (2) All summary courts-martial. (3) All adjutants,
assistant adjutants, acting adjutants, and personnel adjutants. (4) All other persons designated
by regulations of the Armed Forces of the United States or by statute. (b) The following persons
may administer oaths necessary in the performance of their duties: (1) The president, military
judge, and trial counsel for all general and special courts-martial. (2) The president and
the counsel for the court of any court of inquiry. (3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation. (5) All recruiting officers. (6) All
other persons designated by regulations of the Armed Forces of the United States or by statute.
(c) The signature without seal of any such person,...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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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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11-92A-12
Section 11-92A-12 Powers of authority. An authority shall have the following powers, which
it may exercise in any county within such authority's authorized operational area: (1) To
have succession by its corporate name until dissolved as provided in this chapter; (2) To
institute and defend legal proceedings in any court of competent jurisdiction and proper venue;
provided, however, that an authority may not be sued in any trial court other than the courts
of a county within the authorized operational area of the authority; provided, further, that
the officers, directors, agents, and employees of an authority may not be sued for their actions
in behalf of the authority except for actions that are known by such person to be unlawful
or are performed with reckless disregard for the lawfulness of such actions; (3) To have and
to use a corporate seal and to alter the seal at its pleasure; (4) To establish a fiscal year;
(5) To anticipate by the issuance of its bonds the receipt of any...
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12-1-8
Section 12-1-8 Cases in which courts may issue attachments and inflict summary punishment for
contempt. The powers of the several courts in this state to issue attachments and inflict
summary punishment for contempts shall not extend to any other cases than: (1) Disrespectful,
contemptuous or insolent behavior in court, tending in any way to diminish or impair the respect
due to judicial tribunals or to interrupt the due course of trial; (2) A breach of the peace,
boisterous conduct, violent disturbance or any other act calculated to disturb or obstruct
the administration of justice, committed in the presence of the court or so near thereto as
to have that effect; (3) The misbehavior of any officer of the court in his official transactions
or the disobedience or resistance of any officer of the court, party, juror, witness or any
other person to any lawful writ, process, order, rule, decree or command thereof; (4) Deceit
or the abuse of the process of the proceedings of the court by...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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