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, §1.)...
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31-2A-57a
Section 31-2A-57a (Article 57a.) Deferment of sentences. (a) On application by an accused who
is under sentence to confinement that has not been ordered executed, the convening authority
or, if the accused is no longer under that person's jurisdiction, the person exercising general
court-martial jurisdiction over the command to which the accused is currently assigned, may
in that person's sole discretion defer service of the sentence to confinement. The deferment
shall terminate when the sentence is ordered executed. The deferment may be rescinded at any
time by the person who granted it or, if the accused is no longer under that person's jurisdiction,
by the person exercising general court-martial jurisdiction over the command to which the
accused is currently assigned. (b)(1) In any case in which a court-martial sentences an accused
referred to in subdivision (2) to confinement, the convening authority may defer the service
of the sentence to confinement, without the consent of the...
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31-2A-98
Section 31-2A-98 (Article 98.) Noncompliance with procedural rules. Any person subject to this
code who does either of the following shall be punished as a court-martial may direct: (1)
Is responsible for unnecessary delay in the disposition of any case of a person accused of
an offense under this code. (2) Knowingly and intentionally fails to enforce or comply with
any provision of this code regulating the proceedings before, during, or after trial of an
accused. (Act 2012-334, §1.)...
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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...
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12-11A-4
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures. (a) A trial
conducted by a private judge shall be conducted without a jury. (b) A person who serves as
a private judge has, for each case the private judge hears, the same powers as the judge of
a circuit court in relation to the following: (1) Court procedure. (2) Deciding the outcome
of the case. (3) Attendance of witnesses. (4) Punishment of contempt. (5) Enforcement of orders.
(6) Administering oaths. (7) Giving all necessary certificates for the authentication of the
records and proceedings. (c) A person appointed as a private judge pursuant to the terms of
this chapter shall have immunity in the same manner and to the same extent as a judge in the
State of Alabama. (d) All proceedings in an action heard by a private judge are of record
and must be: (1) Filed with the clerk of the circuit court in the county of proper venue under
the Alabama Rules of Civil Procedure. (2) Made available to the...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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12-17-217
Section 12-17-217 Representation of clients in certain proceedings. Any person occupying the
office of supernumerary district attorney shall not represent any client, other than the State
of Alabama, himself or herself, or an immediate family member in any criminal, quasi-criminal,
or civil forfeiture proceeding resulting from a criminal action where the State of Alabama
is a party to the action, as court appointed counsel or as a public defender, eligible to
receive funds or reimbursements from the indigent defense fund. Upon motion, the court shall
enjoin any supernumerary district attorney from violating this section. (Act 2015-498, §30.)...

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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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15-12-20
Section 15-12-20 Matters to be ascertained by trial judges as to representation of defendants
prior to arraignment. In all criminal cases, including paternity cases, and civil and criminal
nonsupport cases which may result in the jailing of the defendant, in any court of this state
created by authority of the Constitution of Alabama of 1901, as amended, when a defendant
is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain
from the accused, or otherwise: (1) Whether or not the defendant has arranged to be represented
by counsel; (2) Whether or not the defendant desires the assistance of counsel; and (3) Whether
or not the defendant is able financially or otherwise to obtain the assistance of counsel
in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108;
Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act...
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31-2A-50
Section 31-2A-50 (Article 50.) Admissibility of records of courts of inquiry. (a) In any case
not extending to the dismissal of a commissioned officer, the sworn testimony, contained in
the duly authenticated record of proceedings of a court of inquiry, of a person whose oral
testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be
read in evidence by any party before a court-martial if the accused was a party before the
court of inquiry and if the same issue was involved or if the accused consents to the introduction
of such evidence. (b) Such testimony may be read in evidence only by the defense in cases
extending to the dismissal of a commissioned officer. (c) Such testimony may also be read
in evidence before a court of inquiry. (Act 2012-334, p. 790, §1.)...
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