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31-2A-31
Section 31-2A-31 (Article 31.) Compulsory self-incrimination prohibited. (a) No person subject
to this code may compel any person to incriminate himself or herself or to answer any question
the answer to which may tend to incriminate him or her. (b) No person subject to this code
may interrogate or request any statement from an accused or a person suspected of an offense
without first informing that person of the nature of the accusation and advising that person
that he or she does not have to make any statement regarding the offense of which the person
is accused or suspected and that any statement made by the person may be used as evidence
against the person in a trial by court-martial. (c) No person subject to this code may compel
any person to make a statement or produce evidence before any military court if the statement
or evidence is not material to the issue and may tend to degrade the person. (d) No statement
obtained from any person in violation of this article or through the...
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31-2A-45
Section 31-2A-45 (Article 45.) Pleas of the accused. (a) If an accused after arraignment makes
an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea,
or if it appears that the accused has entered the plea of guilty improvidently or through
lack of understanding of its meaning and effect, or if the accused fails or refuses to plead,
a plea of not guilty shall be entered in the record, and the court shall proceed as though
the accused had pleaded not guilty. (b) With respect to any charge or specification to which
a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial
without a military judge, a finding of guilty of the charge or specification may be entered
immediately without vote. This finding shall constitute the finding of the court unless the
plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings
shall continue as though the accused had pleaded not...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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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....
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31-2A-47
Section 31-2A-47 (Article 47.) Refusal to appear or testify. (a) Any person not subject to
this code who does all of the following may be punished by the military court in the same
manner as a criminal court of the state: (1) Has been duly subpoenaed to appear as a witness
or to produce books and records before a court-martial or court of inquiry, or before any
military or civil officer designated to take a deposition to be read in evidence before such
a court. (2) Has been duly paid or tendered the fees and mileage of a witness at the rates
allowed to witnesses attending a criminal court of the state. (3) Willfully neglects or refuses
to appear, or refuses to qualify as a witness or to testify or to produce any evidence which
that person may have been legally subpoenaed to produce. (b) The fees and mileage of witnesses
shall be advanced or paid out of the appropriations for the compensation of witnesses. (c)
At the request of the military judge or the convening authority and upon...
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12-22-198
Section 12-22-198 Appeals from denial of petition or where parts of record ordered transcribed
deemed inadequate. (a) Any defendant or petitioner who has filed a petition under the provisions
of this division and which petition is denied by the trial court, or if parts of the record
ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant
or petitioner may, within 10 days from the order of the trial court, file a notice of appeal
with the clerk of the trial court from the order denying the petition or from the order deemed
inadequate in specifying the parts of the transcript of the evidence to be forwarded to the
appellate court on appeal, and such notice of appeal shall specify with particularity wherein
the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon
the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals
in cases wherein the punishment is 20 years or less...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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45-37-80.20
Section 45-37-80.20 Appointment; duties; special reporter; fee; salary; oath; supplies. (a)
That each of the judges of such circuit courts of this state shall appoint a competent shorthand
writer to perform the duties of official court reporters over the court in the circuit over
which the judge presides; that such official court reporter shall not be subject to the provisions
of any civil service system as may be effective in such county or counties or circuit or circuits;
that such official court reporter shall serve at the pleasure of the appointing judge; that
no two judges shall appoint the same court reporter; that no person shall be appointed official
or special court reporter under this section who is not able to correctly report in shorthand
the proceedings in all trials as the same may occur and neatly and expeditiously transcribe
on the typewriter the testimony taken by him or her. The official court reporter shall be
an officer of the court, and within his or her circuit...
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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit
unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts;
vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties with
the consent of the court waive the right to have the sentence hearing conducted before a jury
as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return
a verdict as provided by subsection (e) of this section. If both parties with the consent
of the court waive the right to have the hearing conducted before a jury, the trial judge
shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing
shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted
before that same jury unless it is impossible or impracticable to do so. If it...
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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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