31-2A-20
Section 31-2A-20 (Article 20.) Jurisdiction of summary courts-martial.. (a) Subject to Section
31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to
this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable
by this code under such limitations as the Governor may prescribe. (b) No person with respect
to whom summary courts-martial have jurisdiction may be brought to trial before a summary
court-martial if that person objects thereto. If objection to trial by summary court-martial
is made by an accused, trial by special or general courts-martial may be ordered, as may be
appropriate. Summary courts-martial, under such limitations as the Governor may prescribe,
may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct
discharge, confinement, restriction to specified limits for more than two months, or forfeiture
of more than 15 days of pay. (Act 2012-334, p. 790, §1.)...
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31-2A-35
Section 31-2A-35 (Article 35.) Service of charges. The trial counsel shall serve or caused
to be served upon the accused a copy of the charges. No person, against the person's objection,
may be brought to trial before a general court-martial case within a period of 45 days after
the service of charges upon the accused, or in a special court-martial, within a period of
45 days after the service of charges upon the accused. (Act 2012-334, p. 790, §1.)...
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31-2-105
Section 31-2-105 Courts-martial for members of National Guard - Delivery of certificate to
sheriff for execution of sentence; disposition of fines. Where any sentence of a fine or imprisonment
shall be imposed by any military court of this state, it shall be the duty of the Adjutant
General, upon approval of the findings and sentences of such court by the Governor, to make
out and sign a certificate entitling the case, giving the name of the accused, the date and
place of trial, the date of approval of the sentence, the amount of the fine and term of imprisonment,
if any, and deliver such certificate to the sheriff of the county wherein the sentence is
to be executed. It shall thereupon be the duty of such officer to carry the sentence into
execution in the manner prescribed by law for the collection of fines and serving imprisonment
in criminal cases determined in the courts of this state. All fines collected under the provisions
of this chapter shall be paid to the State of Alabama....
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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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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant
for a capital offense, the trial court shall conduct a separate sentence hearing to determine
whether the defendant shall be sentenced to life imprisonment without parole or to death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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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...
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31-2-102
Section 31-2-102 Courts-martial for members of National Guard - Payment of expenses. All expenses
incurred in court-martial proceedings, including the payment of a reporter, sheriff's fees
for service of complaints, warrants, summons, and subpoenas, witness fees, and the payment
of officers and the judge advocate of the court, shall be paid out of the regular military
appropriations by warrant on the Comptroller, with the approval of the Governor. Sheriffs'
fees and witness fees in court-martial proceedings shall be allowed in the same amounts as
are allowed in criminal cases in the civilian courts of this state. (Acts 1936, Ex. Sess.,
No. 143, p. 105; Code 1940, T. 35, §134; Acts 1973, No. 1038, p. 1572, §103.)...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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12-2-7
Section 12-2-7 Jurisdiction and powers of court generally. The Supreme Court shall have authority:
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions
and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given
the decision of the trial judge upon the facts where the evidence is not taken orally before
the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment
as it deems just. (2) To exercise original jurisdiction in the issue and determination of
writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs
as are necessary to give to it a general superintendence and control of courts of inferior
jurisdiction. (4) To make and promulgate rules governing the administration of all courts
and rules governing practice and procedure in all courts; provided,...
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28-4-295
Section 28-4-295 Disposition of prohibited liquors and beverages held for use as evidence upon
conviction of person possessing, etc., same. Whenever prohibited liquors and beverages, or
any of them, are seized and held for use as evidence before any court on the trial of any
person for a violation of the prohibitory laws of the state or the prohibitory ordinance of
any municipality and the person is convicted for violating such law or ordinance in any way
by his connection with or possession or ownership of the liquors and beverages, or any of
them, then, within 10 days after conviction, without any order of the court to that effect,
the custodian of the liquor or beverage is authorized to proceed and shall proceed to dispose
of the same as provided in Section 28-4-273. (Acts 1919, No. 7, p. 6; Code 1923, §4773; Code
1940, T. 29, §242.)...
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