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12-21-300
Section 12-21-300 Offering of certificate of analysis in lieu of testimony. (a) In any criminal
case, or juvenile or family court case which is of a criminal nature, the prosecuting authority
may offer a certificate of analysis as described below, in lieu of direct testimony. The court
shall receive as evidence the certificate of analysis from any of the following: (1) A person
performing an analysis or examination in any laboratory operated by the Alabama Department
of Forensic Sciences or authorized by the department to conduct an analysis or examination
of the type performed. (2) A person performing an analysis or examination in any criminalistics
laboratory established pursuant to federal law. (b) To be admissible pursuant to this section,
a certificate of analysis shall contain all of the following: (1) The date and time the evidence
was delivered to the facility. (2) The name of the person making the delivery, and the name
of the person receiving the delivery. (3) A brief...
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27-2-27
Section 27-2-27 Witnesses and evidence for examination, investigation, or hearing - Compelling
testimony or production of documents, etc.; immunity from prosecution. (a) If any individual
asks to be excused from attending or testifying or from producing any books, papers, records,
contracts, correspondence, or other documents in connection with any examination, hearing,
or investigation being conducted by the commissioner or his examiner on the ground that the
testimony or evidence required of him may tend to incriminate him or subject him to a penalty
or forfeiture and shall, by the Attorney General, be directed to give such testimony or produce
such evidence, he must nonetheless comply with such direction; but he shall not thereafter
be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction,
matter or thing concerning which he may have so testified or produced evidence, and no testimony
so given or evidence produced shall be received against him...
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28-4-132
Section 28-4-132 Inspection of record by enforcement officers, etc.; acquisition and admissibility
in evidence of record. The record required by Section 28-4-131 to be kept by common carriers
or persons, firms or corporations making delivery of said liquors or any of them in this state
from any point or place mentioned in Section 28-4-120 shall also be open to the inspection
of any enforcement officer and of the duly authorized person seeking information for the prosecution
of persons charged with or suspected of crime, and when application is made by any of the
said officers or persons for permission to examine and take copies of such record, they shall
be allowed to do so during the office or business hours of the persons or corporations keeping
said record, and in such reasonable manner as not to interfere with the business of the corporation
or person keeping said record. The said record may be secured to be produced in court by any
lawful process issued by any court of the state,...
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28-4-274
Section 28-4-274 Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal
and return of liquors and beverages, etc., to place or person from which or from whom taken
generally. If the testimony produced on the hearing before the judge or upon such trial before
the judge or court shall fail to establish the complaint or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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34-24-361.1
Section 34-24-361.1 Hearings closed; confidentiality of certain records. All hearings conducted
by the commission shall be closed. The record in such hearings, including witness testimony,
exhibits, and pleadings, shall be confidential, shall not be public record, and shall not
be available for court subpoena or for discovery proceedings. All administrative complaints,
orders to show cause, notices of hearings, and statements of charges, and all amendments thereto,
and all orders of the commission which are dispositive of the issues raised thereby, shall
be public record. Nothing contained herein shall apply to records made in the regular course
of business of an individual; documents or records otherwise available from original sources
are not to be construed as immune from discovery or use in any civil proceedings merely because
they were presented or considered during the proceedings of the State Board of Medical Examiners
or the Medical Licensure Commission. (Act 2002-140, p. 359,...
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36-18-30
Section 36-18-30 Admissibility of evidence relating to use of genetic markers. Expert testimony
or evidence relating to the use of genetic markers contained in or derived from DNA for identification
purposes shall be admissible and accepted as evidence in all cases arising in all courts of
this state, provided, however, the trial court shall be satisfied that the expert testimony
or evidence meets the criteria for admissibility as set forth by the United States Supreme
Court in Daubert, et. ux., et. al., v. Merrell Dow Pharmaceuticals, Inc., decided on June
28, 1993. (Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §11.)...
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12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings. (a) If
the allegations are denied, the juvenile court shall proceed to hear evidence on the petition.
If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material,
and relevant evidence, that the child committed the acts by reason of which the child is alleged
to be delinquent or in need of supervision, the juvenile court shall record its findings and
proceed to determine whether the child is in need of care or rehabilitation. If the juvenile
court finds that the allegations in the petition have not been established, the juvenile court
shall dismiss the petition and order the child discharged from any detention or temporary
care, theretofore ordered in the proceedings. (b) If the child admits to the allegations contained
in the petition, the juvenile court shall record its findings and proceed to determine whether
the child is in need of care or rehabilitation. (c) When...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-225.htm - 2K - Match Info - Similar pages
12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and
transmission thereof to state Comptroller. If it appears to the trial court, after full investigation,
that the defendant or petitioner is without sufficient funds, and has no reasonable way to
procure same, to pay the court reporter all of his lawful fee for transcribing the evidence
and other proceedings had at the trial or the fees of the clerk incident to an appeal or that
the defendant or petitioner has reasonably available to him only enough funds to pay a part
of such fees, he shall make and enter an order requiring the court reporter to transcribe
all or such parts of evidence of the proceedings occurring at the trial that may be necessary
to afford the appellate court a record of sufficient completeness for review and shall order
the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter
an order authorizing the payment of a sum certain to the court...
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34-37-17.1
Section 34-37-17.1 Records and confidentiality. (a) The board shall keep a record of its proceedings.
(b) The records of the board shall be evidence of the proceedings of the board set forth therein,
and a transcript thereof, duly certified by the executive director of the board under seal,
shall be admissible in evidence with the same force and effect as if the original were produced.
(c) Board records and papers of the following class are of a confidential nature and not public
record: Examination material for examinations not yet given; exam scores; letters of inquiry
and reference concerning applicants; board inquiry forms concerning applicants; pending or
closed complaints and investigative files which shall remain confidential until an actual
formal hearing may commence; and all other materials of like confidential nature. (Act 2015-496,
§2.)...
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