31-2A-39
Section 31-2A-39 (Article 39.) Sessions. (a) At any time after the service of charges which
have been referred for trial to a court-martial composed of a military judge and members,
the military judge, subject to Section 31-2A-35 (Article 35), may call the court into session
without the presence of the members for the purpose of: (1) Hearing and determining motions
raising defenses or objections which are capable of determination without trial of the issues
raised by a plea of not guilty. (2) Hearing and ruling upon any matter which may be ruled
upon by the military judge under this code, whether or not the matter is appropriate for later
consideration or decision by the members of the court. (3) Holding the arraignment and receiving
the pleas of the accused. (4) Performing any other procedural function which does not require
the presence of the members of the court under this code. These proceedings shall be conducted
in the presence of the accused, the defense counsel, and the trial...
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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...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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31-2A-73
Section 31-2A-73 (Article 73.) Petition for a new trial. At any time within two years after
approval by the convening authority of a court-martial sentence, the accused may petition
the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud
on the court-martial. At any time within 45 days of discovery of fraud on the court-martial
or newly discovered evidence, the accused may petition for new trial with the Military Court-Martial
Review Panel. In the event the accused's case is pending before the Alabama Supreme Court,
the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.
(Act 2012-334, p. 790, §1.)...
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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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31-2A-136
Section 31-2A-136 (Article 136.) Authority to administer oaths and to act as notary. (a) The
following persons may administer oaths for the purposes of military administration, including
military justice: (1) All judge advocates. (2) All summary courts-martial. (3) All adjutants,
assistant adjutants, acting adjutants, and personnel adjutants. (4) All other persons designated
by regulations of the Armed Forces of the United States or by statute. (b) The following persons
may administer oaths necessary in the performance of their duties: (1) The president, military
judge, and trial counsel for all general and special courts-martial. (2) The president and
the counsel for the court of any court of inquiry. (3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation. (5) All recruiting officers. (6) All
other persons designated by regulations of the Armed Forces of the United States or by statute.
(c) The signature without seal of any such person,...
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31-2A-16
Section 31-2A-16 (Article 16.) Courts-martial classified. The three kinds of courts-martial
in the state military forces are: (1) General courts-martial, consisting of either of the
following: a. A military judge and not less than five members. b. Only a military judge, if
before the court is assembled the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the record or in writing a court
composed only of a military judge and the military judge approves. (2) Special courts-martial,
consisting of either of the following: a. A military judge and not less than three members.
b. Only a military judge, if one has been detailed to the court, and the accused under the
same conditions as those prescribed in paragraph b. of subdivision (1) so requests. (3) Summary
courts-martial, consisting of one commissioned officer. (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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31-2-105
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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12-22-193
Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of financial
information; estimate of costs and fees. Upon the filing of the petition with the clerk or
the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have
the defendant or petitioner brought before him and shall examine the defendant or petitioner
under oath concerning the required averment in the petition that the defendant or petitioner
is without sufficient funds, and has no reasonable way to procure the same, to pay the court
reporter all of his lawful fees for transcribing the evidence and other proceedings had at
the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal.
The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and
may call upon the sheriff, the district attorney and other officers of the court to ascertain
information relevant to the financial condition and ability of defendant...
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