31-2-100
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses. A court-martial
may subpoena any witness residing within 100 miles of the place where the court is sitting
to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction
of the court-martial and signed by the judge advocate thereof, or by the officer holding a
summary court, shall make service and return of service as provided by law in criminal cases.
Any person failing to appear at any court-martial in this state to testify in accordance with
the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor
and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60
days in the county jail, either or both. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940,
T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)...
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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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31-2A-34
Section 31-2A-34 (Article 34.) Advice of judge advocate and reference for trial. (a) Before
directing the trial of any charge by general or special court-martial, the convening authority
shall refer it to a judge advocate for consideration and advice. The convening authority may
not refer a specification under a charge to a general or special court-martial for trial unless
the convening authority has been advised in writing by a judge advocate of all of the following:
(1) The specification alleges an offense under this code. (2) The specification is warranted
by the evidence indicated in the report of investigation under Section 31-2A-32 (Article 32),
if there is such a report. (3) A court-martial would have jurisdiction over the accused and
the offense. (b) The advice of the judge advocate under subsection (a) with respect to a specification
under a charge shall include a written and signed statement by the judge advocate containing
both of the following: (1) Conclusions with respect...
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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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12-3-4
Section 12-3-4 Presiding judges. (a) The presiding judge of the Court of Criminal Appeals shall
be elected by the members of such court for a term to be set by such court, in no event for
a longer time than the term for which such judge is chosen. (b) The presiding judge of the
Court of Civil Appeals shall be the judge of such court who has served the longest period
of time as judge of such court. In cases of equal seniority, the presiding judge shall be
chosen as follows: (1) If more than one judge was elected at the same election, the presiding
judge shall be elected by lot from the judges who are so situated, and shall serve as presiding
judge for the term which he is then filling as a judge of such court. (2) If more than one
judge was appointed by the Governor at the same time, their seniority shall be governed by
the order in which their names appear on the list of appointees submitted by the Governor
to the Secretary of State. (Acts 1969, No. 987, p. 1744, §§21, 22; Acts 1971,...
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31-2A-134
Section 31-2A-134 (Article 134.) General article. Though not specifically mentioned in this
code, all disorders and neglects to the prejudice of good order and discipline in the state
military forces and all conduct of a nature to bring discredit upon the state military forces
shall be taken cognizance of by a court-martial and punished at the discretion of a military
court. However, where a crime constitutes an offense that violates both this code and the
criminal laws of the state where the offense occurs or criminal laws of the United States,
jurisdiction of the military court must be determined in accordance with Section 31-2A-2(b)
(Article 2(b)). (Act 2012-334, §1.)...
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31-2A-135
Section 31-2A-135 (Article 135.) Courts of inquiry. (a) Courts of inquiry to investigate any
matter of concern to the state military forces may be convened by any person authorized to
convene a general court-martial, whether or not the persons involved have requested such an
inquiry. (b) A court of inquiry consists of three or more commissioned officers. For each
court of inquiry, the convening authority shall also appoint counsel for the court. (c) Any
person subject to this code whose conduct is subject to inquiry shall be designated as a party.
Any person subject to this code who has a direct interest in the subject of inquiry has the
right to be designated as a party upon request to the court. Any person designated as a party
shall be given due notice and has the right to be present, to be represented by counsel, to
cross-examine witnesses, and to introduce evidence. (d) Members of a court of inquiry may
be challenged by a party, but only for cause stated to the court. (e) The...
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31-2A-83
Section 31-2A-83 (Article 83.) Fraudulent enlistment, appointment, or separation. Any person
who does either of the following shall be punished as a court-martial may direct: (1) Procures
his or her own enlistment or appointment in the state military forces by knowingly false representation
or deliberate concealment as to his or her qualifications for that enlistment or appointment
and receives pay or allowances thereunder. (2) Procures his or her own separation from the
Alabama National Guard by knowingly false representation or deliberate concealment as to his
or her eligibility for that separation. (Act 2012-334, §1.)...
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31-2-111
Section 31-2-111 Ordering out of troops - Request to Governor by local officials. Whenever
any circuit court judge, municipal court judge, probate court judge, sheriff, or mayor of
any incorporated city, town, or village, shall have reasonable cause to apprehend the outbreak
of any riot, rout, tumult, mob, or combination to oppose the enforcement of the laws by force
or violence, within the jurisdiction in which such officer is by law a conservator of the
peace, which cannot be speedily suppressed or effectually prevented by the ordinary posse
comitatus and peace officers, it shall forthwith become the duty of such judge, sheriff, or
mayor, to report the facts and circumstances in writing or verbally to the Governor or his
authorized representative, and request him to order out such portion of the National Guard
of the state as may be necessary to enforce the laws and preserve the peace. It shall thereafter
be the duty of the Governor, if he deems such apprehension well-founded, to...
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31-2A-110
Section 31-2A-110 (Article 110.) Improper hazarding of vessel. (a) Any person subject to this
code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed
Forces of the United States or any state military forces shall suffer such punishment as a
court-martial may direct. (b) Any person subject to this code who negligently hazards or suffers
to be hazarded any vessel of the Armed Forces of the United States or any state military forces
shall be punished as a court-martial may direct. (Act 2012-334, §1.)...
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