|
31-2A-29
Section 31-2A-29 (Article 29.) Absent and additional members. (a) No member of a general or
special court-martial may be absent or excused after the court has been assembled for the
trial of the accused unless excused as a result of a challenge, excused by the military judge
for physical disability or other good cause, or excused by order of the convening authority
for good cause. (b) Whenever a general court-martial, other than a general court-martial composed
of a military judge only, is reduced below five members, the trial may not proceed unless
the convening authority details new members sufficient in number to provide not less than
the applicable minimum number of five members. The trial may proceed with the new members
present after the recorded evidence previously introduced before the members of the court
has been read to the court in the presence of the military judge, the accused, and counsel
for both sides. (c) Whenever a special court-martial, other than a special...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-29.htm - 2K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-16.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-50a.htm - 2K - Match Info - Similar pages
31-2-102
Section 31-2-102 Courts-martial for members of National Guard - Payment of expenses. All expenses
incurred in court-martial proceedings, including the payment of a reporter, sheriff's fees
for service of complaints, warrants, summons, and subpoenas, witness fees, and the payment
of officers and the judge advocate of the court, shall be paid out of the regular military
appropriations by warrant on the Comptroller, with the approval of the Governor. Sheriffs'
fees and witness fees in court-martial proceedings shall be allowed in the same amounts as
are allowed in criminal cases in the civilian courts of this state. (Acts 1936, Ex. Sess.,
No. 143, p. 105; Code 1940, T. 35, §134; Acts 1973, No. 1038, p. 1572, §103.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-102.htm - 1K - Match Info - Similar pages
31-2A-15
Section 31-2A-15 (Article 15.) Commanding officer's non-judicial punishment. (a) Under such
regulations as prescribed, any commanding officer may impose disciplinary punishments for
minor offenses without the intervention of a court-martial pursuant to this article. The Governor,
the Adjutant General, or an officer or a general or flag rank in command may delegate the
powers under this article to a principal assistant who is a member of the Alabama National
Guard. (b) For the purposes of this article, the term "day" shall mean the following:
(1) For the purposes of pay, one day shall equal one active duty military payday. (2) For
all other purposes, one day shall equal one calendar day. (c) For the purposes of this part,
all members must be in military status when punishment is imposed. (d) Any commanding officer
may impose upon enlisted members of the officer's command any of the following: (1) An admonition.
(2) A reprimand. (3) The withholding of privileges for up to six consecutive...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-15.htm - 6K - Match Info - Similar pages
31-2-99
Section 31-2-99 Courts-martial for members of National Guard - Employment of court reporter.
The employment of a reporter may be authorized by the convening authorities for any general
or special court-martial. When a reporter is employed, he shall be paid upon the certificate
of the judge advocate and upon the approval of the Governor from the regular military appropriations
such fees as are provided by law for an official reporter. (Acts 1936, Ex. Sess., No. 143,
p. 105; Code 1940, T. 35, §135; Acts 1973, No. 1038, p. 1572, §100.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-99.htm - 849 bytes - Match Info - Similar pages
22-6-226
Section 22-6-226 Review and approval of contracts; rules governing operation of integrated
care networks. (a) All provider contracts of an organization granted final certification as
an integrated care network shall be subject to review and approval of the Medicaid Agency.
(b)(1) If a provider is dissatisfied with any term or provision of the agreement or contract
offered by an integrated care network, the provider shall: a. Seek redress with the integrated
care network. In providing redress, an integrated care network shall afford the provider a
review by a panel composed of a representative of an integrated care network, the same type
of provider, and a representative of the citizens' advisory board appointed by the chair of
the advisory board. b. After seeking redress with an integrated care network, a provider or
an integrated care network who remains dissatisfied may request a review of such disputed
term or provision by the Medicaid Agency. The Medicaid Agency shall have 10 days...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-6-226.htm - 3K - Match Info - Similar pages
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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-1.htm - 6K - Match Info - Similar pages
31-2A-38
Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel. (a) The trial counsel
of a general or special court-martial shall prosecute in the name of the state, and, under
the direction of the court, shall prepare the record of the proceedings. (b)(1) The accused
has the right to be represented in defense before a general or special court-martial or at
an investigation under Section 31-2A-32 (Article 32) as provided in this subsection. (2) The
accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by either of the following: a. By military counsel detailed
under Section 31-2A-27 (Article 27). b. By military counsel of the accused's own selection
if that counsel is reasonably available as determined under subdivision (7). (4) If the accused
is represented by civilian counsel, military counsel detailed or selected under subdivision
(3) shall act as associate counsel unless excused at the request of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-38.htm - 2K - Match Info - Similar pages
12-9A-1
Section 12-9A-1 Creation and composition; duties. (a) A permanent study commission on the judicial
resources in Alabama is hereby created and shall be known as the Judicial Resources Allocation
Commission. The commission shall be composed of the following members: (1) The Chief Justice
of the Supreme Court of Alabama, who shall serve as chair. (2) The legal advisor to the Governor
of Alabama. (3) The Alabama Attorney General. (4) Three incumbent circuit judges appointed
by the President of the Circuit Judges Association, one of whom shall be from the most populous
circuit. One member shall be appointed for three years, one member shall be appointed for
four years, and one member shall be appointed for five years. All appointments to fill vacancies
shall be for the duration of the unexpired term and subsequent appointments shall be for five-year
terms. Any member so appointed shall serve only so long as the member remains an incumbent
circuit judge. (5) Three incumbent district judges...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-9A-1.htm - 4K - Match Info - Similar pages
|