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31-2A-18
Section 31-2A-18 (Article 18.) Jurisdiction of general courts-martial. Subject to Section 31-2A-17
(Article 17), general courts-martial have jurisdiction to try persons subject to this code
for any offense made punishable by this code, and, under such limitations as the Governor
may prescribe, may adjudge any punishment not forbidden by this code. (Act 2012-334, p. 790,
§1.)...
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31-2A-19
Section 31-2A-19 (Article 19.) Jurisdiction of special courts-martial. Subject to Section 31-2A-17
(Article 17), special courts-martial have jurisdiction to try persons subject to this code
for any offense made punishable by this code, and under such limitations as the Governor may
prescribe, may adjudge any punishment not forbidden by this code except dishonorable discharge,
dismissal, confinement for more than six months, forfeiture of pay exceeding 24 days, which
must be completed within one year. (Act 2012-334, p. 790, §1.)...
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31-2A-76a
Section 31-2A-76a (Article 76a.) Leave required to be taken pending review of certain court-martial
convictions. Under rules prescribed, an accused who has been sentenced by a court-martial
may be required to take leave pending completion of action under this article if the sentence,
as approved under Section 31-2A-60 (Article 60), includes an unsuspended dismissal or an unsuspended
dishonorable or bad-conduct discharge. The accused may be required to begin such leave on
the date on which the sentence is approved under Section 31-2A-60 (Article 60) or at any time
after such date, and such leave may be continued until the date on which action under this
article is completed or may be terminated at any earlier time. (Act 2012-334, p. 790, §1.)...
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31-2A-144
Section 31-2A-144 (Article 144.) Immunity for action of military courts. All persons acting
within their official capacity under the provisions of this code shall be immune from any
civil liability to the same extent as judicial officers within the State of Alabama Unified
Judicial System. (Act 2012-334, p. 790, §1.)...
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31-2A-42
Section 31-2A-42 (Article 42.) Oaths or affirmations. (a) Before performing their respective
duties, military judges, general and special courts-martial members, trial counsel, defense
counsel, reporters, and interpreters shall take an oath or affirmation in the presence of
the accused to perform their duties faithfully. The form of the oath or affirmation, the time
and place of the taking of the oath, the manner of recording the oath, and whether the oath
or affirmation shall be taken for all cases in which these duties are to be performed or for
a particular case, shall be as prescribed in regulation or as provided by law. These regulations
may provide that an oath or affirmation to perform faithfully the duties as a military judge,
trial counsel, or defense counsel may be taken at any time by any judge advocate or other
person certified or designated to be qualified or competent for the duty, and if such an oath
or affirmation is taken, it need not again be taken at the time the...
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31-2A-50
Section 31-2A-50 (Article 50.) Admissibility of records of courts of inquiry. (a) In any case
not extending to the dismissal of a commissioned officer, the sworn testimony, contained in
the duly authenticated record of proceedings of a court of inquiry, of a person whose oral
testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be
read in evidence by any party before a court-martial if the accused was a party before the
court of inquiry and if the same issue was involved or if the accused consents to the introduction
of such evidence. (b) Such testimony may be read in evidence only by the defense in cases
extending to the dismissal of a commissioned officer. (c) Such testimony may also be read
in evidence before a court of inquiry. (Act 2012-334, p. 790, §1.)...
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6-6-316
Section 6-6-316 Action of trespass, etc., not precluded. No proceedings had under this article
or judgment entered bars or prevents the party injured from prosecuting an action of trespass
or other action against the aggressor or party offending. (Code 1852, §2863; Code 1867, §3311;
Code 1876, §3708; Code 1886, §3392; Code 1896, §2138; Code 1907, §4274; Code 1923, §8015;
Code 1940, T. 7, §978.)...
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9-16-128
Section 9-16-128 Landowners' actions; review by director; prior right of purchase; review by
court. (a) Any landowner adversely affected by the action of the director under Section 9-16-127
of this article may institute proceedings to have the action reviewed in the circuit court
in the county where the property or a part thereof affected by the action is located, provided
that such proceedings are filed in said court within 30 days following the date of such action.
The court may grant such relief as it deems necessary, including but not limited to injunctive
relief pending a hearing on the matter. (b) Any landowner who has received notice of acquisition
from the director under Section 9-16-127 of this article may, within 15 days following such
notice, make written application to the director for a review as to the actual need or advisability
for such acquisition. The director shall hear the landowner's grievance within 15 days following
the written application for a hearing and shall...
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31-2A-63
Section 31-2A-63 (Article 63.) Rehearings. Each rehearing under this code shall take place
before a court-martial composed of members not members of the court-martial which first heard
the case. Upon a rehearing the accused may not be tried for any offense of which he or she
was found not guilty by the first court-martial, and no sentence in excess of or more severe
than the original sentence may be approved, unless the sentence is based upon a finding of
guilty of an offense not considered upon the merits in the original proceedings, or unless
the sentence prescribed for the offense is mandatory. If the sentence approved after the first
court-martial was in accordance with a pretrial agreement and the accused at the rehearing
changes a plea with respect to the charges or specifications upon which the pretrial agreement
was based, or otherwise does not comply with the pretrial agreement, the approved sentence
as to those charges or specifications may include any punishment not in...
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2-29-6
Section 2-29-6 Proceedings for review of denial or revocation of permit by commissioner. Any
act of the commissioner in refusing to grant or in revoking any permit may be reviewed by
the circuit court of the county in which the business affected is or is proposed to be located,
upon filing of a complaint in such court, within 10 days after notice to the applicant or
permittee of the commissioner's decision. Such complaint shall be entitled in the name of
the applicant or permittee as plaintiff against the commissioner as defendant. Such complaint
shall set forth the action of the commissioner complained of and request its reversal. It
shall be the duty of the commissioner to serve an answer to such complaint within 30 days
after being notified by the plaintiff of its filing. The action shall be heard de novo by
the court. The judge of the circuit court shall determine from the evidence whether the refusal
or revocation of the permit is or is not justified under this chapter and enter...
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