31-2A-27
Section 31-2A-27 (Article 27.) Detail of trial counsel and defense counsel. (a)(1) Trial counsel
and defense counsel shall be detailed for each general and special court-martial. The Alabama
National Guard shall prescribe regulations providing the manner in which counsel are detailed
for such court-martial and for persons who are authorized to detail counsel for such court-martial.
(2) No person who has acted as investigating officer, military judge, witness, or court member
in any case may act later as trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant or associate defense counsel in
the same case. No person who has acted for the prosecution may act later in the same case
for the defense nor may any person who has acted for the defense act later in the same case
for the prosecution. (3) Except as provided in subsection (b), trial counsel or defense counsel
detailed for a general or special court-martial must be a...
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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent,
may be tried a second time for the same offense. (b) No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a trial pursuant
to this article until the finding of guilty has become final after review of the case has
been fully completed. (c) A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or on motion of the prosecution
for failure of available evidence or witnesses without any fault of the accused is a trial
in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C.,
shall be barred from prosecution under this code. (Act 2012-334, p. 790, §1.)...
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31-2A-62
Section 31-2A-62 (Article 62.) Appeal by the state. (a)(1) In a trial by court-martial in which
a punitive discharge may be adjudged, the state may appeal the following, other than a finding
of not guilty with respect to the charge or specification by the members of the court-martial
or an order or ruling that is, or that amounts to, a finding of not guilty with respect to
the charge or specification: a. An order or ruling of the military judge which terminates
the proceedings with respect to a charge or specification. b. An order or ruling which excludes
evidence that is substantial proof of a fact material in the proceeding. c. An order or ruling
which directs the disclosure of classified information. d. An order or ruling which imposes
sanctions for nondisclosure of classified information. e. A refusal of the military judge
to issue a protective order sought by the state to prevent the disclosure of classified information.
f. A refusal by the military judge to enforce an order...
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31-2-99
Section 31-2-99 Courts-martial for members of National Guard - Employment of court reporter.
The employment of a reporter may be authorized by the convening authorities for any general
or special court-martial. When a reporter is employed, he shall be paid upon the certificate
of the judge advocate and upon the approval of the Governor from the regular military appropriations
such fees as are provided by law for an official reporter. (Acts 1936, Ex. Sess., No. 143,
p. 105; Code 1940, T. 35, §135; Acts 1973, No. 1038, p. 1572, §100.)...
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31-2A-35
Section 31-2A-35 (Article 35.) Service of charges. The trial counsel shall serve or caused
to be served upon the accused a copy of the charges. No person, against the person's objection,
may be brought to trial before a general court-martial case within a period of 45 days after
the service of charges upon the accused, or in a special court-martial, within a period of
45 days after the service of charges upon the accused. (Act 2012-334, p. 790, §1.)...
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31-2A-16
Section 31-2A-16 (Article 16.) Courts-martial classified. The three kinds of courts-martial
in the state military forces are: (1) General courts-martial, consisting of either of the
following: a. A military judge and not less than five members. b. Only a military judge, if
before the court is assembled the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the record or in writing a court
composed only of a military judge and the military judge approves. (2) Special courts-martial,
consisting of either of the following: a. A military judge and not less than three members.
b. Only a military judge, if one has been detailed to the court, and the accused under the
same conditions as those prescribed in paragraph b. of subdivision (1) so requests. (3) Summary
courts-martial, consisting of one commissioned officer. (Act 2012-334, p. 790, §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-31
Section 31-2A-31 (Article 31.) Compulsory self-incrimination prohibited. (a) No person subject
to this code may compel any person to incriminate himself or herself or to answer any question
the answer to which may tend to incriminate him or her. (b) No person subject to this code
may interrogate or request any statement from an accused or a person suspected of an offense
without first informing that person of the nature of the accusation and advising that person
that he or she does not have to make any statement regarding the offense of which the person
is accused or suspected and that any statement made by the person may be used as evidence
against the person in a trial by court-martial. (c) No person subject to this code may compel
any person to make a statement or produce evidence before any military court if the statement
or evidence is not material to the issue and may tend to degrade the person. (d) No statement
obtained from any person in violation of this article or through the...
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45-41-83.14
Section 45-41-83.14 Legislative intent; construction; failure to abide by conditions. For programs
utilizing supervised preadjudication release, it is the intent of the Legislature that this
part shall be a guide to courts in Lee County to ensure that no eligible person is needlessly
detained in the county jail because of his or her personal economic circumstances or inability
to post bail, provided that his or her release shall not be contrary to the public interest
or a danger to the public at large, and also shall serve the purpose of assuring the presence
of the defendant at trial. It is not the intent of the Legislature that this part be so liberally
construed as to allow the indiscriminate release of accused persons. Any court may order that
any eligible person incarcerated before trial or adjudication be released on an unsecured
appearance bond supervised by the program, under any conditions ordered by the court, and
in accord with all of the program policies, rules, and...
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31-2A-75
Section 31-2A-75 (Article 75.) Restoration. (a) Under such regulations as may be prescribed,
all rights, privileges, and property affected by an executed part of a court-martial sentence
which has been set aside or disapproved, except an executed dismissal or discharge, shall
be restored unless a new trial or rehearing is ordered and such executed part is included
in a sentence imposed upon the new trial or rehearing. (b) If a previously executed sentence
of or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor
a form of discharge authorized for administrative issuance unless the accused is to serve
out the remainder of the accused's enlistment. (Act 2012-334, p. 790, §1.)...
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