31-2A-58
Section 31-2A-58 (Article 58.) Execution of confinement. (a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this code. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement. (b) The omission of hard labor as a sentence authorized under this code does not deprive the state confinement facility from employing it, if it otherwise is within the authority of that facility to do so. (c) No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law. (Act 2012-334, p. 790, §1.)...
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31-2A-71
Section 31-2A-71 (Article 71.) Execution of sentence; suspension of sentence. (a) If the sentence of the court-martial extends to dismissal or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law of the State of Alabama. (b) If the sentence of the court-martial extends to dismissal or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until...
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15-24-2
Section 15-24-2 Definitions. For the purpose of this chapter, the following terms shall have the respective meanings ascribed by this section: (1) COURT. The court having jurisdiction over the offense charged. (2) DEFENDANT. Any person accused of a criminal offense against state laws. (3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period, as measured by appropriate standardized testing instruments. (Acts 1985, No. 85-652, p. 1020, §2.)...
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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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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent, may be tried a second time for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial pursuant to this article until the finding of guilty has become final after review of the case has been fully completed. (c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C., shall be barred from prosecution under this code. (Act 2012-334, p. 790, §1.)...
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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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31-2A-16
Section 31-2A-16 (Article 16.) Courts-martial classified. The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of either of the following: a. A military judge and not less than five members. b. Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves. (2) Special courts-martial, consisting of either of the following: a. A military judge and not less than three members. b. Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph b. of subdivision (1) so requests. (3) Summary courts-martial, consisting of one commissioned officer. (Act 2012-334, p. 790, §1.)...
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31-2A-3
Section 31-2A-3 (Article 3.) Jurisdiction to try certain personnel. (a) Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to Section 31-2A-43 (Article 43), subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge, the person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge. (b) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service. (Act 2012-334, p. 790, §1.)...
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34-24-294
Section 34-24-294 Injunctive proceedings. (a) The Board of Medical Examiners may, in the name of the people of the State of Alabama and through the Attorney General of the State of Alabama, or district attorney under the supervision of the Attorney General, apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by the board or by the provisions of this article. (b) If it is established that any person has been or is committing any act prohibited by the board or by any provision of this article, the court or any judge shall enter a judgment perpetually enjoining the person from further committing the act. (c) In case of violation of any injunction issued under the provisions of this section, the court or any judge thereof may summarily try and punish the offender for contempt of court. (d) Such injunctive proceedings shall be in addition to and not in lieu of all penalties and other remedies provided in this article. (Acts...
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22-52-35
Section 22-52-35 Appointment of special probate judges for consideration, hearing and entry of orders pertaining to commitment or continued custody of certain persons committed or transferred to facilities of Department of Mental Health; qualifications, powers, etc., of special probate judges; conduct of hearings by special probate judges generally. (a) Upon application of the commissioner or his designee, the Governor may appoint one or more special judges of probate for the purpose of considering, hearing and entering appropriate orders with regard to the commitment or continued custody of such persons who have been committed by any court of this state to any facility pursuant to the provisions of Sections 15-16-24 and 15-16-40, accused of a crime but not yet tried, or transferred to such facility on order of the Governor, pursuant to the provisions of Article 4 of this chapter. (b) A special judge of probate appointed under the provisions of this article shall be vested with all...
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