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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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15-16-21
Section 15-16-21 Suspension of felony trial to inquire into accused's sanity; proceedings upon
jury findings; resumption of proceedings when sanity restored; release restriction. If any
person charged with any felony is held in confinement under indictment and the trial court
shall have reasonable ground to doubt his sanity, the trial of such person for such offense
shall be suspended until the jury shall inquire into the fact of such sanity, such jury to
be impaneled from the regular jurors in attendance for the week or from a special venire,
as the court may direct. If the jury shall find the accused sane at the time of its verdict,
it shall make no other inquiry, and the trial in chief shall proceed. If it finds that he
is insane at that time, the court shall make an order committing him to the Alabama state
hospitals, where he must remain until he is restored to his right mind. When the superintendent
of the hospitals shall be of opinion that such person is so restored, he shall...
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15-23-13
Section 15-23-13 Award not contingent on prosecution or conviction of offender; effect of proof
of conviction; suspension of proceedings under article. Except as provided elsewhere in this
article, an award may be made whether or not any person is prosecuted or convicted. Proof
of conviction of a person whose acts give rise to a claim is conclusive evidence that the
crime was committed, unless an application for rehearing, an appeal of the conviction or certiorari
is pending, or a rehearing or new trial has been ordered. The commission may suspend the proceedings
pending disposition of criminal prosecution that has been commenced or is imminent, but may
make a tentative award under this section. (Acts 1984, No. 84-658, p. 1308, §13.)...
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31-2A-31
Section 31-2A-31 (Article 31.) Compulsory self-incrimination prohibited. (a) No person subject
to this code may compel any person to incriminate himself or herself or to answer any question
the answer to which may tend to incriminate him or her. (b) No person subject to this code
may interrogate or request any statement from an accused or a person suspected of an offense
without first informing that person of the nature of the accusation and advising that person
that he or she does not have to make any statement regarding the offense of which the person
is accused or suspected and that any statement made by the person may be used as evidence
against the person in a trial by court-martial. (c) No person subject to this code may compel
any person to make a statement or produce evidence before any military court if the statement
or evidence is not material to the issue and may tend to degrade the person. (d) No statement
obtained from any person in violation of this article or through the...
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8-6-28
Section 8-6-28 Commission to furnish copies of register entries or documents; certified copy
deemed prima facie evidence. Upon request and at such reasonable charges as it prescribes,
the Securities Commission shall furnish to any person photostatic or other copies, certified
under its seal of office if requested, of any entry in the register or any document which
is a matter of public record. In any proceeding or prosecution under this article, any copy
so certified is prima facie evidence of the contents of the entry or document certified. (Acts
1959, No. 542, p. 1318, §20; Acts 1990, No. 90-527, p. 772, §1.)...
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15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted to
bail when he is charged with an offense which may be punished by death if the court is of
the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is likely to produce
death and which was committed under circumstances such as would, if death arises from such
injury, constitute an offense which may be punished by death. (b) In cases punishable capitally,
the defendant is entitled to bail as a matter of right when the state, after the finding of
the indictment, has continued the case twice, without his consent, for the testimony of absent
witnesses. In such case, if the indictment is dismissed, the defendant, on application for
bail, is entitled to the benefit of any continuance had upon such indictment by the state
for absent witnesses; and, if another indictment is not found at the...
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8-17-249
Section 8-17-249 Suspension or revocation of certification or license for certain actions.
(a) The office may suspend or revoke the certification or license of any person issued under
this article who is found guilty of any fraud or deceit in obtaining a certification or license,
or gross negligence, incompetence, or gross misconduct in the conduct of blasting activities.
The office may file charges of fraud, deceit, negligence, incompetence, or misconduct against
any licensed person or firm. The charges shall be made in writing and the charged party shall
have at least 10 days notice of the date of a formal hearing. A time and place for the hearing
shall be fixed by the office, and a copy of the charges, along with the notice of time and
place of hearing, shall be legally served on the person at least 10 days prior to the date
of the hearing. At the hearing, the accused shall have the right to produce evidence or witnesses
in his or her defense. If, after the hearing, the State Fire...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment,
information, complaint or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual motivation in any
criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence
exists that would justify a finding of sexual motivation by a reasonable and objective finder
of fact. (2) If a specification is included in the indictment, count in the indictment, information,
complaint, or warrant charging the offense the specification shall be stated at the end of
the body of the indictment, count in the indictment, information, complaint, or warrant and
shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE
FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the
offender committed the offense with a sexual motivation." (3) If the...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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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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