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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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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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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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8-19-8
Section 8-19-8 Restraining orders. (a) Whenever the office of the Attorney General or the office
of the district attorney has reason to believe that any person is engaging in, has engaged
in or is about to engage in any act or practice declared to be unlawful by this chapter, the
Attorney General or the district attorney may bring an action in the name of the state against
such person to restrain by temporary restraining order, temporary or permanent injunction
such acts or practices. However, unless the Attorney General or district attorney determines
that a person subject to the provisions of this chapter designs quickly to depart from this
state or to remove his property therefrom, or to conceal himself or his property therein,
or to continue practices unlawful under this chapter, he shall, before initiating any legal
proceedings is contemplated, allow such person a reasonable opportunity to appear before the
Attorney General or district attorney and solve the dispute to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-8.htm - 2K - Match Info - Similar pages
15-23-77
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to
the court, on request of the victim, after consultation and written approval by the district
attorney or Attorney General, the law enforcement agency responsible for investigating the
criminal offense shall return to the victim any property belonging to the victim that was
taken during the course of the investigation, or shall inform the victim of the reasons why
the property will not be returned. The law enforcement agency shall make reasonable efforts
to return the property to the victim as soon as possible. (b) If the property of the victim
has been admitted as evidence during a trial or hearing, the court may, upon request of the
district attorney or the Attorney General, order its release to the victim if a photograph
can be substituted. If evidence is released pursuant to this subsection, the attorney for
the defendant or investigator may inspect and independently photograph the evidence...
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5-19A-17
Section 5-19A-17 Penalties for willful violation of chapter or for false entry in required
records; compliance enforced by supervisor; order requiring person to refrain from violation.
(a) In addition to any other penalty which may be applicable, any licensee who willfully violates
this chapter or who willfully makes a false entry in any record specifically required by this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by
a fine not in excess of $1,000.00 per violation or false entry. (b) Compliance with this chapter
shall be enforced by the supervisor who may exercise any authority conferred by law. (c) When
the supervisor has reasonable cause to believe that a person is violating this chapter, the
supervisor, in addition to and without prejudice to the authority provided elsewhere in this
chapter, may enter an order requiring the person to stop or to refrain from the violation.
The supervisor may sue in any circuit court of the state having...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and contents
used in conducting the nuisance not already released under authority of the court as provided
in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such
thereof as belonged to the defendants notified or appearing in the manner provided for the
sale of chattels under execution. (b) Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property as provided in Section 6-5-148 or,
if not so furnished, shall continue for one year any closing order issued at the time of granting
the preliminary injunction or, if no such closing order was then...
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12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining
witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless the
context clearly indicates otherwise, the following words and phrases shall have the following
respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime
charged, the prosecution of which is subject to the provisions of this section. (2) CRIMINAL
SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct,
sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term
includes, but is not limited to, evidence of the complaining witness's marital history, mode
of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the
community standards. (b) In any prosecution for criminal sexual conduct or for assault with
intent to commit, attempt to commit or conspiracy to commit...
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13A-12-51
Section 13A-12-51 District attorney to file complaint on certain information. When it shall
be made known to any district attorney who prosecutes criminal cases in the county by the
chief of police, sheriff or other officer or by any reputable citizen that any hotel, tavern,
inn or other building has been provided with bells, wires, signals or dumbwaiters or any of
them, or other implements or appliances for communicating with the occupants of a gaming place
or rooms used for gambling, or that barred or locked doors have been provided which prevent
the access of any officer to said rooms where said gaming is carried on, the district attorney
shall file a complaint in a court against the owner of such building or room, as well as against
the keeper or proprietor of such hotel, tavern, inn or other building to obtain a mandatory
injunction to compel the removal of all the things, implements or devices hereinabove mentioned
and to perpetually enjoin them from permitting said hotel,...
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45-8A-112.13
Section 45-8A-112.13 Removal discharge, or demotion of employee; proceedings. (a) Any permanent
employee subject to this part may be removed, discharged, or demoted by his or her appointing
authority, provided that within five days the appointing authority makes a report in writing
of the action to the board, giving the reason for the removal, discharge, or demotion. The
employee shall have 10 days from the time of notification of his or her discharge, removal,
or demotion in which to appeal to the board. The board shall thereupon order the charges or
complaint to be filed immediately in writing and shall hold a hearing de novo on the charges.
No permanent employee, officer, or official of the city whose employment comes within the
jurisdiction of this part, and whose probationary period has been served, shall be removed,
discharged, or demoted except for some personal misconduct, or fact, rendering his or her
further tenure harmful to the public interest, or for some cause affecting...
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