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31-2A-50a
Section 31-2A-50a (Article 50a.) Defense of lack of mental responsibility. (a) It is an affirmative
defense in a trial by court-martial that, at the time of the commission of the acts constituting
the offense, the accused, as a result of a severe mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect
does not otherwise constitute a defense. (b) The accused has the burden of proving the defense
of lack of mental responsibility by clear and convincing evidence. (c) Whenever lack of mental
responsibility of the accused with respect to an offense is properly at issue, the military
judge shall instruct the members of the court as to the defense of lack of mental responsibility
under this article and charge members to find the accused any one of the following: (1) Guilty.
(2) Not guilty. (3) Not guilty only by reason of lack of mental responsibility. (d) Subsection
(c) does not apply to a court-martial composed of a...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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45-35A-51.32
Section 45-35A-51.32 Court proceedings. Orders of the personnel board may be enforced by mandamus,
injunction, quo warranto, or other appropriate proceedings, in any court of competent jurisdiction.
Any person or city official directly interested, within five days, may appeal to the Circuit
Court of Houston County from any order of the board by filing notice thereof with the board,
whereupon the board shall certify to a transcript of the proceedings before it and file the
same in the court. The findings of fact by the board, duly set forth in the transcript, if
supported by substantial evidence adduced before the board, after notice to the interested
party or parties and after affording such parties an opportunity to be heard, shall be conclusive
on any appeal. The issues on such appeal shall be made up under the directions of the court
and within 30 days after such transcript is filed in court; and the trial thereof shall proceed
on the evidence contained in such transcript, if it...
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5-2A-63
Section 5-2A-63 Savings and Loan Board; appeals from orders, etc., of commissioner or board.
(a) There is hereby created a Savings and Loan Board, consisting of the Savings and Loan Commissioner,
who shall be the ex officio chairman of the board and four persons who shall be appointed
by the Governor and who shall be persons with actual practical experience for at least three
years in the operation and management of an institution of the savings and loan type. The
members of the board shall serve without compensation; except that members shall be paid their
travelling expenses in connection with the performance of their duties as members of the board
plus $10.00 per diem while engaged in the performance of such duties. Such travelling expenses
shall be paid out of the treasury. The board shall have such rights, powers and privileges
and shall be subject to such duties as are provided by Chapter 16 of this title. The board
shall maintain in the office of the commissioner permanent...
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45-49-120.33
Section 45-49-120.33 Court proceedings. Orders of the personnel director and personnel board
may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings in
a court of competent jurisdiction. Any person directly interested, within 14 days, may appeal
to the Circuit Court of Mobile County from any order of the board, by filing notice thereof
with the board, whereupon the board shall certify to a transcript of the proceedings before
it and file the same in court. Only findings of fact of the board contained in the transcript,
if supported by substantial evidence adduced before the board or before its personnel director
after hearing and upon notice to the interested party or parties, and after affording the
parties an opportunity to be heard, shall be conclusive on appeal. The issues on appeal shall
be made up under the direction of the court within 30 days after the transcript is filed therein,
and the trial shall proceed on the evidence contained in the...
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25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure risks.
An employer subject to this chapter may secure the payment of compensation under this chapter
by insuring and keeping insured his or her liability in some insurance corporation, association,
organization, insurance association, corporation, or association formed of employers and workers
or formed by a group of employers to insure the risks under this chapter, operating by mutual
assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance association,
organization, or corporation shall have first had its contract and plan of business approved
in writing by the Commissioner of the Department of Insurance of Alabama and have been authorized
by the Department of Insurance to transact the business of workers' compensation insurance
in this state and under the plan. Notwithstanding any other provision of the law to the contrary,
the obligations of employers under law for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-8.htm - 14K - Match Info - Similar pages
15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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45-30A-50.18
Section 45-30A-50.18 Appeal to the court. Decisions of the board may be enforced in the court
by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority,
or the city may, within 10 days after the decision of the board is rendered, appeal to the
court from any decisions of the board affirming, imposing, or refusing to affirm or impose
dismissal or demotion as disciplinary action by filing notice of such appeal with the court
and causing a copy of such notice to be served on the appointing authority and any member
of the board. Upon the filing of such notice, the board shall file with the court a certified
transcript of the proceeding had before it with respect to the appeal, and its decision in
the matter. The appeal shall be heard at the earliest possible date by the court sitting without
a jury on the issues made before the board and the trial in the court shall be de novo. No
bond shall be required for such an appeal and the cost of such appeal...
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