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12-16-63
Section 12-16-63 Excusing prospective jurors from service. (a) The court, upon the request
of a prospective juror pursuant to this section, shall determine on the basis of information
provided during an interview with the prospective juror or based on other competent evidence
whether the prospective juror should be excused from jury service. (b) A person who is not
disqualified for jury service may apply to be excused from jury service by the court only
upon a showing of undue or extreme physical or financial hardship, a mental or physical condition
that incapacitates the person, or public necessity, for a period of up to 24 months, at the
conclusion of which the person may be directed to reappear for jury service in accordance
with the court's direction. (1) A person asking to be excused based on undue or extreme physical
or financial hardship shall take all actions necessary to have obtained a ruling on that request
by no later than the date on which the individual is scheduled to...
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12-16-58
Section 12-16-58 Placement of names of prospective jurors in master jury box. (a) The name
or identifying number of every prospective juror whose name is drawn from the master list
pursuant to subsection (b) shall be set forth on a card and placed in the master jury box
as provided in this section. (b) The number of names or identifying numbers to be placed in
the master jury box shall be a minimum of 1,000 plus one percent of the total number of names
on the master list. From time to time names or identifying numbers of additional prospective
jurors may be placed in the master jury box as determined by the jury commission or ordered
by the circuit court. The master jury box shall be emptied and refilled by December 31 of
each even numbered year. (c) The names or identifying numbers of prospective jurors which
shall be placed in the master jury box shall be selected by the jury commission at random
from the master list as follows: The total number of names on the master list shall be...
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12-16-60
Section 12-16-60 Qualifications of jurors. (a) A prospective juror is qualified to serve on
a jury if the juror is generally reputed to be honest and intelligent and is esteemed in the
community for integrity, good character and sound judgment and also: (1) Is a citizen of the
United States, has been a resident of the county for more than 12 months and is over the age
of 19 years; (2) Is able to read, speak, understand and follow instructions given by a judge
in the English language; (3) Is capable by reason of physical and mental ability to render
satisfactory jury service, and is not afflicted with any permanent disease or physical weakness
whereby the juror is unfit to discharge the duties of a juror; (4) Has not lost the right
to vote by conviction for any offense involving moral turpitude. (b) The jury commission shall
determine, on the basis of information provided on the jury qualification form or interviews
with the prospective juror or other competent evidence: (1) If the...
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12-16-76
Section 12-16-76 Insufficient number of qualified jurors to form juries. Whenever there are
not enough qualified jurors in attendance upon the court to form the juries required, the
judge of the court shall cause to be provided from the master jury list names of as many prospective
jurors as the judge deems necessary to complete the empaneling of all juries then required.
The court shall forthwith cause to be summoned all prospective jurors thus drawn to attend
court when required, and they may be summoned by personal service or by telephone. The court
shall then proceed to empanel or complete the empaneling of the juries as provided in this
article. If, prior to commencement of striking, due to challenges for cause or for any other
reason, the number of names on the lists from which the parties are to strike is reduced below
the minimums established in Rule 18.4, Alabama Rules of Criminal Procedure, in criminal cases
or Rule 47, Alabama Rules of Civil Procedure, in civil cases, unless...
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12-17-275
Section 12-17-275 Duties. The official court reporter shall attend in person, except as otherwise
herein provided, the sessions of court held in the circuit for which he is appointed, and
in every case, where directed by the judge or requested by a party thereto, he shall take
full stenographic notes of the oral testimony and proceedings, except argument of counsel,
and note the order in which all documentary evidence is introduced, all objections of counsel,
the rulings of the court thereon and exceptions taken or reserved thereto. When directed by
the judge, he shall attend the investigations of the grand jury and there take such notes
of the testimony as directed by the district attorney or foreman. The original stenographic
notes of such court reporter in each case or proceeding officially reported shall be preserved
by him and treated as a part of the records of the respective courts, and upon his retirement
from office, shall be turned over to the clerks of such courts. In cases...
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12-22-132
Section 12-22-132 Reserving questions of law; presumption that written charges asked before
jury retired. Any question of law arising in any of the proceedings in a criminal case tried
in the circuit court may be reserved by the defendant, but not by the state, except as provided
in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals.
All written charges in the record on appeal shall be presumed to have been asked of the court
before the jury retired unless shown to the contrary by notation of the trial judge of the
refused charges. (Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508;
Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)...
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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit
unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts;
vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties with
the consent of the court waive the right to have the sentence hearing conducted before a jury
as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return
a verdict as provided by subsection (e) of this section. If both parties with the consent
of the court waive the right to have the hearing conducted before a jury, the trial judge
shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing
shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted
before that same jury unless it is impossible or impracticable to do so. If it...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant
for a capital offense, the trial court shall conduct a separate sentence hearing to determine
whether the defendant shall be sentenced to life imprisonment without parole or to death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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45-11-233
Section 45-11-233 Methods of service. (a) Notices of the requirement of the attendance of jury
service in the Circuit Court of Chilton County may be served by first class mail, or may be
served as provided by Section 12-17-73. If, in the discretion of the sheriff, the service
is made by first class mail, such service shall be made as follows: It shall be the duty of
the sheriff to enclose the summons in an envelope addressed to the person to be served and
place all necessary postage and a return address thereon with notice to the postal authorities
not to forward outside of the county. In the event said jury summons is returned to the sheriff
by the United States Postal Service without delivery, the summons shall be made by the sheriff
returned NOT FOUND. All jury summons not returned by the United States Postal Service shall
be considered for all purposes as sufficient personal and legal service. The provisions of
this section in reference to service by mail, however, shall not apply...
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