31-2A-43
Section 31-2A-43 (Article 43.) Statute of limitations. (a) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by courts-martial or punished under Section 31-2A-15 (Article 15) if the offense was committed more than 12 months before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under Section 31-2A-15 (Article 15). (b) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this article. (c) Periods in which the accused was absent from territory in which the state has the authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article. (d) When the United States is at war, the running of any statute of...
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31-2A-58b
Section 31-2A-58b (Article 58b.) Sentences: Forfeiture of pay and allowances during confinement. (a)(1) A court-martial sentence described in subdivision (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this article shall take effect on the date determined under Section 31-2A-57(a) (Article 57(a)) and may be deferred as provided by that article. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period. (2) A sentence covered by this article is any sentence that includes either of the following: a. Confinement for more than six months. b. Confinement for six months or less and a bad-conduct discharge or dismissal. (b) In a case involving an accused who has dependents, the convening...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of capital murder and sentenced to death, and files a petition for post-conviction relief under the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure. (b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal of a case in which the death penalty was imposed. In all cases where the defendant is deemed indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate counsel for the purposes of post-conviction relief under this section. Appointed counsel shall be compensated pursuant to Chapter 12 of Title 15;...
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13A-5-54
Section 13A-5-54 Appointment of experienced counsel for indigent defendants. Each person indicted for an offense punishable under the provisions of this article who is not able to afford legal counsel must be provided with court appointed counsel having no less than five years' prior experience in the active practice of criminal law. (Acts 1981, No. 81-178, §16.)...
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15-11-7
Section 15-11-7 Appearance by counsel for defendant; separation of witnesses; control of hearing. In a preliminary examination, the defendant may appear by counsel and, on application, the court may direct the witnesses for the prosecution or defense, or both, to be kept separate so that they cannot hear the evidence or converse with each other until examined. Such an examination is under the control of the court and should be so conducted as to elicit the facts of the case. (Code 1852, §§459, 460; Code 1867, §§4008, 4009; Code 1876, §§4678, 4679; Code 1886, §4285; Code 1896, §5234; Code 1907, §7599; Code 1923, §5232; Code 1940, T. 15, §134.)...
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15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have the following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association, corporation, or partnership of lawyers so licensed, executing a contract for the provision of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding in the trial or appellate courts of the state for which proceeding representation by counsel is constitutionally required or is authorized or required by statute or court rule, including parents of children during the termination of parental rights hearings, who under oath or affirmation states that he or she is unable to pay for his or her...
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25-4-139
Section 25-4-139 Fees in proceedings under chapter. No individual shall be charged fees of any kind by the secretary or his representatives, in any proceeding under this chapter. Any individual claiming benefits in any proceeding or court action may be represented by counsel or other duly authorized agent but no such counsel or agents shall together charge or receive for such services more than 10 percent of the maximum benefits at issue in such proceeding or court action. (Acts 1939, No. 497, p. 721; Code 1940, T. 26, §245.)...
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31-2A-56
Section 31-2A-56 (Article 56.) Maximum limits. (a) The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than one year for a military offense, nor shall a sentence of death be adjudged. A conviction by a court-martial of any military offense is a misdemeanor as defined under the Code of Alabama 1975. (b) The limits of punishment for violations of the punitive articles prescribed herein shall be lesser of the sentences prescribed by the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code. (Act 2012-334, p. 790, §1.)...
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31-2A-6
Section 31-2A-6 (Article 6.) Judge Advocates. (a) The senior force judge advocates in each of the state's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force. (b) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the State Judge Advocate. (c) No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case. (Act 2012-334, p. 790, §1.)...
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45-27-84.06
Section 45-27-84.06 Notice; extradition proceeding; waiver. (a) No tribal fugitive shall be delivered to an agent appointed by the tribe to receive the tribal fugitive until first being taken before the district court judge, who shall inform the accused tribal fugitive of the demand for extradition, the crime charged, and of his or her right to request counsel. (b)(1) If the accused tribal fugitive or his or her counsel state the desire to test the legality of the arrest, the accused tribal fugitive shall be taken before the district court judge within 72 hours for an extradition proceeding. (2) The time and place of the extradition proceeding shall be given by the court conducting the proceeding to the district attorney of the county and to the Office of the Attorney General of the tribe. (c)(1) A formal extradition proceeding under this part may be waived if the accused tribal fugitive making the waiver, knowingly, and in the presence of the district court judge, signs a statement...
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