11-65-20
Section 11-65-20 Terms of operator's license. (a) An operator's license issued under this chapter,
whether for horse racing and pari-mutuel wagering thereon or for greyhound racing and pari-mutuel
wagering thereon, shall be for an initial period of 20 years, but shall be subject to renewal
as provided in this section. A commission shall have no power to modify the terms of an operator's
license, once issued, without the prior written consent of the holder of such license. An
operator's license shall be reviewed annually, but such license shall be revocable by the
commission only if the holder thereof shall not be in compliance with the provisions of this
chapter or the valid rules, regulations and orders of the commission and such noncompliance
shall have continued for 60 days after written notice shall be given to such holder by the
commission stating the circumstances of noncompliance and demanding corrective action. (b)
A commission issuing an operator's license shall state therein...
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful bylaws,
rules, and regulations for the transaction of its business and the control of its property
and affairs; (4) To have the same right of eminent domain through condemnation conferred by
Section 10-5-1, or any subsequent statute of similar import; provided...
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31-2A-138
Section 31-2A-138 (Article 138.) Complaints of wrongs. Any member of the Alabama National Guard
who believes himself or herself wronged by a commanding officer, and who, upon due application
to that commanding officer, is refused redress, may complain to any superior commissioned
officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction
over the officer against whom it is made. The officer exercising general court-martial jurisdiction
shall examine the complaint and take proper measures for redressing the wrong complained of;
and, as soon as possible, shall send to the Adjutant General a true statement of that complaint,
with the proceedings had thereon. (Act 2012-334, p. 790, §1.)...
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31-2A-41
Section 31-2A-41 (Article 41.) Challenges. (a) Challenges For Cause. (1) The military judge
and members of a general or special court-martial may be challenged by the accused or the
trial counsel for cause stated to the court. The military judge or the court shall determine
the relevancy and validity of challenges for cause and may not receive a challenge to more
than one person at a time. Challenges by the trial counsel shall ordinarily be presented and
decided before those by the accused are offered. (2) If exercise of a challenge for cause
reduces the court below the minimum number of members required by Section 31-2A-16 (Article
16), all parties, notwithstanding Section 31-2A-29 (Article 29), shall either exercise or
waive any challenge for cause then apparent against the remaining members of the court before
additional members are detailed to the court. However, peremptory challenges shall not be
exercised at that time. (b) Peremptory Challenges. (1) Each accused and the trial...
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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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31-2A-27
Section 31-2A-27 (Article 27.) Detail of trial counsel and defense counsel. (a)(1) Trial counsel
and defense counsel shall be detailed for each general and special court-martial. The Alabama
National Guard shall prescribe regulations providing the manner in which counsel are detailed
for such court-martial and for persons who are authorized to detail counsel for such court-martial.
(2) No person who has acted as investigating officer, military judge, witness, or court member
in any case may act later as trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant or associate defense counsel in
the same case. No person who has acted for the prosecution may act later in the same case
for the defense nor may any person who has acted for the defense act later in the same case
for the prosecution. (3) Except as provided in subsection (b), trial counsel or defense counsel
detailed for a general or special court-martial must be a...
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31-2A-35
Section 31-2A-35 (Article 35.) Service of charges. The trial counsel shall serve or caused
to be served upon the accused a copy of the charges. No person, against the person's objection,
may be brought to trial before a general court-martial case within a period of 45 days after
the service of charges upon the accused, or in a special court-martial, within a period of
45 days after the service of charges upon the accused. (Act 2012-334, p. 790, §1.)...
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31-2A-54
Section 31-2A-54 (Article 54.) Record of trial. (a) Each general and special court-martial
shall keep a separate record of the proceedings in each case brought before it, and the record
shall be authenticated by the signature of the military judge. If the record cannot be authenticated
by the military judge by reason of his or her death, disability, or absence, it shall be authenticated
by the signature of the trial counsel or by that of a member, if the trial counsel is unable
to authenticate it by reason of his or her death, disability, or absence. In a court-martial
consisting of only a military judge, the record shall be authenticated by the court reporter
under the same conditions which would impose such a duty on a member under this subsection.
(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each
general and special court-martial case resulting in a conviction. (2) In all other court-martial
cases, the record shall contain such matters as...
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45-35-232.20
Section 45-35-232.20 Work release for gainful employment conducive to rehabilitation. A person
who has been sentenced or committed to the county jail in Houston County, from a city court,
district court, circuit court, or other court with appropriate jurisdiction, under a criminal
sentence, including a person sentenced to a state prison or into the custody of the Department
of Corrections who has been deemed not to be a threat to the community and who has not been
transferred to a Department of Corrections' facility may be released at the discretion of
the sentencing court, either on its motion or upon the motion of the defendant, at the time
of sentence or at any time during the term of sentence, for the purpose of obtaining and working
at gainful employment or for other purposes as the court may deem conducive to rehabilitation,
for such time or intervals of time and under the terms and conditions as the court may order.
Any part of a day spent outside of jail under a release order...
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31-2A-37
Section 31-2A-37 (Article 37.) Unlawfully influencing action of court. (a) No authority convening
a general, special, or summary court-martial, nor any other commanding officer, or officer
serving on the staff thereof, may censure, reprimand, or admonish the court or any member,
the military judge, or counsel thereof, with respect to the findings or sentence adjudged
by the court or with respect to any other exercise of its or their functions in the conduct
of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized
means, influence the action of a court-martial or court of inquiry or any member thereof,
in reaching the findings or sentence in any case, or the action of any convening, approving,
or reviewing authority with respect to its judicial acts. This subsection shall not apply
to either of the following: (1) General instructional or informational courses in military
justice if such courses are designed solely for the purpose of instructing...
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