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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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31-2-24
Section 31-2-24 Preservation of arms, equipment, etc., by officers. All commissioned officers
of the National Guard and Naval Militia of this state shall exercise the strictest care and
vigilance for the preservation of the equipment, arms, and uniforms and military property
furnished to their several commands under the provisions of this chapter, and in case of any
loss thereof or damage thereto by reason of the neglect or default of any such officer to
exercise such care and vigilance he shall be liable to trial by court-martial for neglect
of duty. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §22; Acts 1973, No. 1038,
p. 1572, §23.)...
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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-47
Section 31-2A-47 (Article 47.) Refusal to appear or testify. (a) Any person not subject to
this code who does all of the following may be punished by the military court in the same
manner as a criminal court of the state: (1) Has been duly subpoenaed to appear as a witness
or to produce books and records before a court-martial or court of inquiry, or before any
military or civil officer designated to take a deposition to be read in evidence before such
a court. (2) Has been duly paid or tendered the fees and mileage of a witness at the rates
allowed to witnesses attending a criminal court of the state. (3) Willfully neglects or refuses
to appear, or refuses to qualify as a witness or to testify or to produce any evidence which
that person may have been legally subpoenaed to produce. (b) The fees and mileage of witnesses
shall be advanced or paid out of the appropriations for the compensation of witnesses. (c)
At the request of the military judge or the convening authority and upon...
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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-75
Section 31-2A-75 (Article 75.) Restoration. (a) Under such regulations as may be prescribed,
all rights, privileges, and property affected by an executed part of a court-martial sentence
which has been set aside or disapproved, except an executed dismissal or discharge, shall
be restored unless a new trial or rehearing is ordered and such executed part is included
in a sentence imposed upon the new trial or rehearing. (b) If a previously executed sentence
of or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor
a form of discharge authorized for administrative issuance unless the accused is to serve
out the remainder of the accused's enlistment. (Act 2012-334, p. 790, §1.)...
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31-2A-76
Section 31-2A-76 (Article 76.) Finality of proceedings, findings, and sentences. The appellate
review of records of trial provided by this code, the proceedings, findings, and sentences
of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals
and discharges carried into execution under sentences by courts-martial following approval,
review, or affirmation as required by this code, are final and conclusive. Orders publishing
the proceedings of courts-martial and all action taken pursuant to those proceedings are binding
upon all departments, courts, agencies, and officers of the United States and the several
states, subject only to action upon a petition for a new trial as provided in Section 31-2A-73
(Article 73) and to action under Section 31-2A-74 (Article 74). (Act 2012-334, p. 790, §1.)...
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31-2A-98
Section 31-2A-98 (Article 98.) Noncompliance with procedural rules. Any person subject to this
code who does either of the following shall be punished as a court-martial may direct: (1)
Is responsible for unnecessary delay in the disposition of any case of a person accused of
an offense under this code. (2) Knowingly and intentionally fails to enforce or comply with
any provision of this code regulating the proceedings before, during, or after trial of an
accused. (Act 2012-334, §1.)...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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