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31-2A-73
Section 31-2A-73 (Article 73.) Petition for a new trial. At any time within two years after
approval by the convening authority of a court-martial sentence, the accused may petition
the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud
on the court-martial. At any time within 45 days of discovery of fraud on the court-martial
or newly discovered evidence, the accused may petition for new trial with the Military Court-Martial
Review Panel. In the event the accused's case is pending before the Alabama Supreme Court,
the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.
(Act 2012-334, p. 790, §1.)...
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31-2A-59
Section 31-2A-59 (Article 59.) Error of law; lesser included offense. (a) A finding or sentence
of a court-martial may not be held incorrect on the ground of an error of law unless the error
materially prejudices the substantial rights of the accused. (b) Any reviewing authority with
the power to approve or affirm a finding of guilty may approve or affirm, instead, so much
of the finding as includes a lesser included offense. (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-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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31-2A-58a
Section 31-2A-58a (Article 58a.) Sentences: Reduction in enlisted grade upon approval. (a)
A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the
convening authority, that includes either a bad-conduct discharge or confinement reduces that
member to pay grade E-1, effective on the date of that approval. (b) If the sentence of a
member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as
finally approved, does not include any punishment named in subsection (a), the rights and
privileges of which the person was deprived because of that reduction shall be restored, including
pay and allowances. (Act 2012-334, p. 790, §1.)...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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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-25
Section 31-2A-25 (Article 25.) Who may serve on courts-martial. (a) Any commissioned officer
of the Alabama National Guard is eligible to serve on all courts-martial for the trial of
any person subject to this code. (b) Any warrant officer of the Alabama National Guard is
eligible to serve on general and special courts-martial for the trial of any person subject
to this code, other than a commissioned officer. (c) Any enlisted member of the state military
forces who is not a member of the same unit as the accused is eligible to serve on general
and special courts-martial for the trial of any enlisted member subject to this code, but
that member shall serve as a member of a court only if, before the conclusion of a session
called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in
the absence of such a session, before the court is assembled for the trial of the accused,
the accused personally has requested orally on the record or in writing that enlisted...
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31-2A-1
Section 31-2A-1 (Article 1.) Definitions. For the purposes of this code, unless the context
otherwise requires, the following words have the following meanings: (1) ACCUSER. A person
who signs and swears to charges, any person who directs that charges nominally be signed and
sworn to by another, and any other person who has an interest other than an official interest
in the prosecution of the accused. (2) CADET, CANDIDATE, or MIDSHIPMAN. A person who is enrolled
in or attending a state military academy, a regional training institute, or any other formal
education program for the purpose of becoming a commissioned officer in the state military
forces. (3) CLASSIFIED INFORMATION. Information that meets all of the following requirements:
a. Any information or material that has been determined by an official of the United States
or any state pursuant to law, an Executive order, or regulation to require protection against
unauthorized disclosure for reasons of national or state security. b....
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into law and
entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the...
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