6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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15-14-54
Section 15-14-54 Victim may not be excluded from courtroom; removal generally. A victim of
a criminal offense shall not be excluded from court or counsel table during the trial or hearing
or any portion thereof conducted by any court which in any way pertains to such offense, provided,
however, a judge may remove a victim from the trial or hearing or any portion thereof for
the same causes and in same manner as the rules of court or law provides for the exclusion
or removal of the defendant. (Acts 1983, No. 83-622, p. 971, §5.)...
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2-15-136
Section 2-15-136 Penalty for violations of provisions of article; injunctive proceedings to
restrain operation by dealer in violation of provisions of article. (a) Any person who shall
engage in business as a dealer as defined in Section 2-15-131 without having a license as
required by subsection (a) of Section 2-15-132 or any person who shall violate any of the
other requirements of this article shall be guilty of a misdemeanor and, upon conviction,
shall be punished as prescribed by law for such offense. (b) In addition to the penalty provided
under subsection (a) of this section, the commissioner may apply by a petition to a circuit
court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant
a temporary restraining order or permanent injunction or both restraining and enjoining any
person from engaging in the business of a dealer as defined in Section 2-15-131 in violation
of any of the requirements of this article, or engaging in or continuing to...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
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31-2A-36
Section 31-2A-36 (Article 36.) Governor or the Adjutant General may prescribe rules Pretrial,
trial, and post-trial procedures, including modes of proof, for court-martial cases arising
under this code, and for courts of inquiry, may be prescribed by the Governor or the Adjutant
General by rules, or as otherwise provided by law, which shall apply the principles of law
and the rules of evidence generally recognized in military criminal cases in the courts of
the Armed Forces but which may not be contrary to or inconsistent with this code. (Act 2012-334,
p. 790, §1.)...
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34-21-91
Section 34-21-91 Injunctive proceedings by boards against persons violating article. Both the
State Board of Medical Examiners and the Board of Nursing in addition to the powers and duties
otherwise expressed in this article, may commence and maintain in their own names in any circuit
court having jurisdiction of any person within this state who is unlawfully engaging in advanced
practice nursing as a certified registered nurse practitioner or a certified nurse midwife
action in the nature of quo warranto as provided for in Section 6-6-590, et seq., to order
the person to cease and desist from continuing to engage in these areas of advanced practice
nursing within the State of Alabama, and jurisdiction is conferred upon the circuit courts
of this state to hear and determine all such cases. The boards may commence and maintain such
actions without the filing of bond or security and without the order or direction of a circuit
judge. An injunction shall be issued upon proof that the...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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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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