|
31-2A-24
Section 31-2A-24 (Article 24.) Who may convene summary court-martial. (a) Summary courts-martial
may be convened by any one of the following: (1) Any person who may convene a general or special
courts-martial. (2) The commanding officer of a battalion, or corresponding unit of the Army.
(3) The commanding officer of a detached squadron or other detachment, or corresponding unit
of the Air Force. (4) The commanding officer or officer in charge of any other command when
empowered by the Adjutant General. (b) When only one commissioned officer is present with
a command or detachment that officer shall be the summary court-martial of that command or
detachment and shall hear and determine all summary courts-martial cases. Summary court-martial,
however, may be convened in any case by superior competent authority if considered desirable
by the authority. (Act 2012-334, p. 790, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-24.htm - 1K - Match Info - Similar pages
31-2A-23
Section 31-2A-23 (Article 23.) Who may convene special courts-martial. (a) Special courts-martial
may be convened by any one of the following: (1) Any person who may convene a general court-martial.
(2) The commanding officer of a brigade, regiment, a group, or a corresponding unit of the
Army. (3) The commanding officer of a wing, group, or corresponding unit of the Air Force.
(4) The commanding officer or officer in charge of any other command when empowered by the
Adjutant General. (b) If any such officer is an accuser, the court shall be convened by superior
competent authority and may in any case be convened by the superior authority if considered
desirable by the authority. (Act 2012-334, p. 790, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-23.htm - 1K - Match Info - Similar pages
31-2A-1
Section 31-2A-1 (Article 1.) Definitions. For the purposes of this code, unless the context
otherwise requires, the following words have the following meanings: (1) ACCUSER. A person
who signs and swears to charges, any person who directs that charges nominally be signed and
sworn to by another, and any other person who has an interest other than an official interest
in the prosecution of the accused. (2) CADET, CANDIDATE, or MIDSHIPMAN. A person who is enrolled
in or attending a state military academy, a regional training institute, or any other formal
education program for the purpose of becoming a commissioned officer in the state military
forces. (3) CLASSIFIED INFORMATION. Information that meets all of the following requirements:
a. Any information or material that has been determined by an official of the United States
or any state pursuant to law, an Executive order, or regulation to require protection against
unauthorized disclosure for reasons of national or state security. b....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-1.htm - 6K - Match Info - Similar pages
31-2A-37
Section 31-2A-37 (Article 37.) Unlawfully influencing action of court. (a) No authority convening
a general, special, or summary court-martial, nor any other commanding officer, or officer
serving on the staff thereof, may censure, reprimand, or admonish the court or any member,
the military judge, or counsel thereof, with respect to the findings or sentence adjudged
by the court or with respect to any other exercise of its or their functions in the conduct
of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized
means, influence the action of a court-martial or court of inquiry or any member thereof,
in reaching the findings or sentence in any case, or the action of any convening, approving,
or reviewing authority with respect to its judicial acts. This subsection shall not apply
to either of the following: (1) General instructional or informational courses in military
justice if such courses are designed solely for the purpose of instructing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-37.htm - 2K - Match Info - Similar pages
31-2A-49
Section 31-2A-49 (Article 49.) Depositions. (a) At any time after charges have been signed
as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions
unless the military judge or summary court-martial officer hearing the case or, if the case
is not being heard, an authority competent to convene a court-martial for the trial of those
charges forbids it for good cause. (b) The party at whose instance a deposition is to be taken
shall give to every other party reasonable written notice of the time and place for taking
the deposition. (c) Depositions may be taken before and authenticated by any military or civil
officer authorized by the laws of the state or by the laws of the place where the deposition
is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable notice
to the other parties, so far as otherwise admissible under the rules of evidence, may be read
in evidence or, in the case of audiotape, videotape, digital image...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-49.htm - 1K - Match Info - Similar pages
31-2A-22
Section 31-2A-22 (Article 22.) Who may convene general courts-martial. (a) General courts-martial
may be convened by any one of the following: (1) The Governor. (2) The Adjutant General. (3)
A General Officer who is designated as a commander. (b) If any such commanding officer is
an accuser, the court shall be convened by superior competent authority and may in any case
be convened by such superior authority if considered desirable by the authority. (Act 2012-334,
p. 790, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-22.htm - 829 bytes - Match Info - Similar pages
31-2A-43
the running of any statute of limitations applicable to any offense under this code is suspended
until two years after the termination of hostilities as proclaimed by the President or by
a joint resolution of Congress if the offense: (1) Involves fraud or attempted fraud against
the United States, any state, or any agency of either in any manner, whether by conspiracy
or not. (2) Is committed in connection with the acquisition, care, handling, custody, control,
or disposition of any real or personal property of the United States or any state.
(3) Is committed in connection with the negotiation, procurement, award, performance, payment,
interim financing, cancellation, or other termination or settlement, of any contract, subcontract,
or purchase order which is connected with or related to the prosecution of the war, or with
any disposition of termination inventory by any war contractor or government agency. (e)(1)
If charges or specifications are dismissed as defective or insufficient...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-43.htm - 3K - Match Info - Similar pages
31-2A-72
Section 31-2A-72 (Article 72.) Vacation of suspension. (a) Before the vacation of the suspension
of a special court-martial sentence, which as approved includes a bad-conduct discharge, or
of any general court-martial sentence, the officer having special court-martial jurisdiction
over the probationer shall hold a hearing on an alleged violation of probation. The probationer
shall be represented at the hearing by military counsel if the probationer so desires. (b)
The record of the hearing and the recommendation of the officer having special court-martial
jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction
over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence,
except a dismissal, shall be executed, subject to applicable restrictions in this code. (c)
The suspension of any other sentence may be vacated by any authority competent to convene,
for the command in which the accused is serving or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-72.htm - 1K - Match Info - Similar pages
31-2A-135
Section 31-2A-135 (Article 135.) Courts of inquiry. (a) Courts of inquiry to investigate any
matter of concern to the state military forces may be convened by any person authorized to
convene a general court-martial, whether or not the persons involved have requested such an
inquiry. (b) A court of inquiry consists of three or more commissioned officers. For each
court of inquiry, the convening authority shall also appoint counsel for the court. (c) Any
person subject to this code whose conduct is subject to inquiry shall be designated as a party.
Any person subject to this code who has a direct interest in the subject of inquiry has the
right to be designated as a party upon request to the court. Any person designated as a party
shall be given due notice and has the right to be present, to be represented by counsel, to
cross-examine witnesses, and to introduce evidence. (d) Members of a court of inquiry may
be challenged by a party, but only for cause stated to the court. (e) The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-135.htm - 2K - Match Info - Similar pages
31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-60.htm - 5K - Match Info - Similar pages
|