12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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2-25-18
Section 2-25-18 Appeals to state board from findings or orders of commissioner. The owner or
person in charge may appeal the orders of the commissioner requiring treatment or destruction
of plants, plant products or nursery stock by serving written notice of appeal on the commissioner
within 10 days after receiving his orders or findings. This appeal from the findings or orders
of the commissioner shall lie to the State Board of Agriculture and Industries, which shall,
as soon as practicable, hear and determine the same. The order of the said board shall be
enforced by the circuit court upon filing a complaint by the commissioner setting forth said
order and requesting enforcement of the same. (Ag. Code 1927, §309; Code 1940, T. 2, §469;
Acts 1991, No. 91-632, p. 1179, §15.)...
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12-9A-2
Section 12-9A-2 Reallocation of vacant judgeship. (a) Only in the event of a vacancy due to
death, retirement, resignation, or removal from office of a district or circuit judge, the
Judicial Resources Allocation Commission shall have 30 days to determine whether to reallocate
such judgeship to another district or circuit. The commission may also choose to reallocate
a judgeship if the incumbent judge is not eligible to run for reelection as a result of the
age limitation provided for in Section 155 of the Constitution of Alabama 1901, as amended,
by notifying the Secretary of State no later than one year prior to the close of qualifying
for candidates to run for such judgeship. All reallocation decisions require a two-thirds
vote of the commission members. In determining whether to reallocate such judgeship, the commission
shall consider the need based on the district and court rankings as determined pursuant to
Section 12-9A-1. However, in no event shall the commission reallocate a...
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15-9-61
Section 15-9-61 Application by district attorney to Governor for requisition; filing and forwarding
of papers and requisition. (a) When the return to this state of a person charged with crime
in this state is required, the district attorney of the county in which the offense is committed
shall present to the Governor his written application for a requisition for the return of
the person charged, in which application shall be stated the name of the person charged, the
crime charged against him, the approximate time, place and circumstances of its committal,
the state in which he is believed to be, including the location of the accused therein at
the time the application is made, and certification that, in the opinion of the said district
attorney, the ends of justice require the arrest and return of the accused to this state for
trial and that the proceeding is not instituted to enforce a private claim. (b) The application
shall be verified by affidavit, shall be executed in duplicate...
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17-16-47
Section 17-16-47 Statement of grounds of contest. When any elector chooses to contest the election
of any person declared to be elected to the office of senator or representative in the Legislature,
judge of the circuit court or district court, any office which is filled by the vote of a
single county, or constable, he or she must make a statement in writing setting forth specifically:
(1) The name of the party contesting and that he or she was a qualified voter when the election
was held. (2) The office which the election was held to fill and the time of holding the same.
(3) The particular grounds of the contest. This statement must be verified by the affidavit
of such contesting party to the effect that the same is believed to be true. If the reception
of illegal votes is alleged as a cause of contest, it is a sufficient statement of cause to
allege that illegal votes were given to the person whose election is contested, which, if
taken from that person, will reduce the number of...
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22-12-20
Section 22-12-20 Attempted escapes and escapes from detention. Should a person who has been
legally placed in detention by a county health officer or quarantine officer attempt to make
his escape, such person may be forcibly detained or, should such person make his escape, complaint,
on oath, may be made before the judge of probate or a judge of the circuit, district or municipal
court of the county or municipality where the escape or attempted escape occurs, by the county
health officer or quarantine officer, whereupon such judge of probate or the judge of the
circuit, district or municipal court to which such complaint was made, shall issue a warrant
authorizing a sheriff, bonded constable or other lawful officer to arrest such person and
return him to detention. (Code 1852, §966; Code 1867, §1217; Code 1876, §1511; Code 1886,
§1267; Code 1896, §2402; Code 1907, §753; Code 1923, §1219; Acts 1935, No. 444, p. 926;
Code 1940, T. 22, §152.)...
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12-11A-2
Section 12-11A-2 Qualifications; requirements. (a) Persons who may act as private judges shall:
(1) Have been, but are not actively serving as, a judge of a district, circuit, or probate
court and have served in the capacity of judge for at least six consecutive years. (2) Be
admitted to the practice of law in Alabama. (3) Be an active member in good standing of the
Alabama State Bar Association. (4) Be a resident of Alabama. (b) A person may act as a judge
of a case under this chapter only if all of the following occur: (1) All parties to the action
file a written petition with the circuit clerk of the court in which the action is pending
requesting a private judge and naming the person whom the parties wish to have as private
judge. The petition shall be accompanied by a form signed by the private judge selected consenting
to the appointment. (2) The case is one over which the court in which the former judge served
would have had subject matter and monetary jurisdiction. (3) The case...
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15-6-24
Section 15-6-24 Requiring security to keep the peace by defendant; when court appearance required;
form of undertaking. (a) If there is just reason to fear the commission of an offense, the
defendant must be required to give security to keep the peace, in such sum as the circuit,
district or municipal court judge may direct, towards all the people of this state, particularly
the person against whom or whose property there is reason to fear the offense may be committed,
for such time as the judge may direct, though not more than 12 nor less than six months; but
the defendant must not be required to appear at any court unless he has actually committed
an offense cognizable in such court. (b) The undertaking to keep the peace may be, in substance,
as follows: "The State of Alabama,} We (here insert the names of the defendant and his
sureties), agree to pay to the ___ County.} State of Alabama $1,000.00 (or such sum as the
judge directs) if the said (here insert name of the...
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15-9-42
Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail. If, from
the examination before the district or circuit court judge, it appears that the person held
is the person charged with having committed the crime alleged, that he probably committed
the crime and, except in cases arising under Section 15-9-34, that he has fled from justice,
the judge must commit him to jail by a warrant reciting the accusation for such a time specified
in the warrant as will enable the arrest of the accused to be made under a warrant of the
Governor on a requisition of the executive authority of the state having jurisdiction of the
offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be
legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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