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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
(a) When a defendant fails to appear in court as required by the undertaking of bail and no
sufficient excuse has been provided to the court prior to the hearing, the court shall order
a conditional forfeiture and show cause order against the defendant and the sureties of the
bail. The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court
within 28 days of the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the
written response is sufficient, the court shall set aside the conditional forfeiture. If the
court is of the opinion the written response is not sufficient, the court shall set a hearing
to determine whether the bond should be forfeited. The hearing shall not...
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45-21A-10.04
Section 45-21A-10.04 Jurisdiction of Brantley Municipal Court; hearings; liability; evidence
and procedure; defenses. (a) The Brantley Municipal Court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this article and to issue orders
imposing the civil fines and costs set out in this article. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by U.S. mail. (c) Failure
to pay a civil penalty or to contest liability in a timely manner is an admission of liability
in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine
shall not be assessed if, after a hearing, the Brantley...
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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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9-16-128
Section 9-16-128 Landowners' actions; review by director; prior right of purchase; review by
court. (a) Any landowner adversely affected by the action of the director under Section 9-16-127
of this article may institute proceedings to have the action reviewed in the circuit court
in the county where the property or a part thereof affected by the action is located, provided
that such proceedings are filed in said court within 30 days following the date of such action.
The court may grant such relief as it deems necessary, including but not limited to injunctive
relief pending a hearing on the matter. (b) Any landowner who has received notice of acquisition
from the director under Section 9-16-127 of this article may, within 15 days following such
notice, make written application to the director for a review as to the actual need or advisability
for such acquisition. The director shall hear the landowner's grievance within 15 days following
the written application for a hearing and shall...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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41-10-754
Section 41-10-754 Powers of the authority. The authority shall have, in addition to all other
powers granted to it in this article, all of the following powers: (1) To have succession
by its corporate name until dissolved as herein provided. (2) To institute and defend legal
proceedings in any court of competent jurisdiction and proper venue; provided, however, that
the authority may not be sued in any nisi prius court other than the courts of the county
in which is located the principal office of the authority; and provided further that the officers,
directors, agents, and employees of the authority may not be sued for actions on behalf of
the authority in any nisi prius court other than the courts of the county in which is located
the principal office of the authority. (3) To have and to use a corporate seal and to alter
the seal at pleasure. (4) To establish a fiscal year. (5) To adopt, and from time to time,
amend and repeal, bylaws, rules, and regulations not inconsistent with...
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9-11-191
Section 9-11-191 Catching of nongame fish from public waters by use of wire baskets - License
- Required; issuance; fees; disposition of fees. Any person desiring a license to fish with
such wire basket in areas where they may be legalized by regulation as provided for in this
article may apply to the probate judge or other appropriate licensing authority in any county
of this state affected by the provisions of this article and shall pay a privilege license
tax of $1.00 for each wire basket he proposes to fish. Judges of probate, license commissioners
or other persons authorized and designated to issue fishing licenses shall be entitled to
a fee of $.25 for each license so issued, which fee shall be in addition to the amount designated
in this article as the cost of such license; provided, that all fees collected by any probate
judge or license commissioner who is paid a salary for the performance of his duties shall
be paid by him into the county treasury to the credit of the...
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31-2A-52
Section 31-2A-52 (Article 52.) Number of votes required. (a) No person may be convicted of
an offense except as provided in Section 31-2A-45(b) (Article 45(b)) or by the concurrence
of two-thirds of the members present at the time the vote is taken. (b) All other questions
to be decided by the members of a general or special court-martial shall be determined by
a majority vote, but a determination to reconsider a finding of guilty or to reconsider a
sentence, with a view toward decreasing it, may be made by any lesser vote which indicates
that the reconsideration is not opposed by the number of votes required for that finding or
sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion
relating to the question of the accused's sanity is a determination against the accused. A
tie vote on any other question is a determination in favor of the accused. (c) Pursuant to
its authority under Article XV, Section 271 of the Constitution of Alabama of 1901,...
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43-2-697
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative or filing
of petition under Section 43-2-692. (a) The personal representative, or person filing to initiate
a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article,
shall give notice of his or her appointment, or the filing of a petition in accordance with
Section 43-2-692, to the Medicaid Agency. The notice shall include all of the following information:
(1) The full legal name of the deceased. (2) The date of birth of the deceased. (3) The date
of death of the deceased. (4) The Social Security number of the deceased. (5) The marital
status of the deceased at the time of death. (6) The name, address, and phone number of the
spouse of the deceased, if applicable. (7) The court in which a probate estate has been opened.
(8) The probate case number. (9) The date on which letters testamentary or letters of administration
were issued by the probate court. (10) The name,...
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