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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;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-53.1.htm - 5K - Match Info - Similar pages
32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.4.htm - 12K - Match Info - Similar pages
19-2-4
Section 19-2-4 Notice of petition; representation by attorney. Notice of any petition to remove
a fiduciary in war service and the day appointed to hear the same must be given to him by
the register or clerk by registered or certified mail, postage prepaid, addressed to him at
his post-office address, if known, or by publication once a week for four consecutive weeks
in some newspaper published in the county, and if no newspaper is published in the county
by posting at the courthouse door and three other public places in the county. If said fiduciary
does not personally appear therein, or is not represented by an authorized attorney, the court
may appoint an attorney to represent him and a reasonable fee, to be taxed as a part of the
costs of such proceedings, may be allowed to said attorney so appointed. Notice of said petition
and the time appointed to hear the same must be given by the register or clerk to all other
parties interested in the trust fund or the estate being...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-7.htm - 7K - Match Info - Similar pages
35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-461.htm - 5K - Match Info - Similar pages
38-9F-4
Section 38-9F-4 Issuance of elder abuse protection orders. (a) The following courts shall have
jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3)
A district court judge designated by a written standing order from the presiding circuit court
judge. (b) An elder abuse protection order may be requested in any pending civil or domestic
relations action, as an independent civil action, or in connection with the preliminary, final,
or post-judgment relief in a civil action. (c) A petition for an elder abuse protection order
may be filed in any of the following locations: (1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence
to avoid further abuse. (3) Where the abuse occurred. (d) There is no minimum period of residence
for the plaintiff in the State of Alabama or in the county in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-4.htm - 1K - Match Info - Similar pages
15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-200.htm - 8K - Match Info - Similar pages
38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-6.htm - 2K - Match Info - Similar pages
2-21-31
Section 2-21-31 Penalties for violations of chapter or rules and regulations; injunctive relief;
warning notices. (a) Penalties. Any person who shall violate any of the provisions of this
chapter or who fails to perform any duty or requirement imposed by the provisions of this
chapter or who violates any rule or regulation duly promulgated under this chapter or who
shall sell or offer for sale or distribute for sale any commercial feed in violation of the
requirements of this chapter shall be guilty of a misdemeanor and, upon conviction, shall
be punished as now prescribed by law for such an offense. Fines paid for such violations shall
be deposited in the State Treasury to the credit of the Agricultural Fund. (b) Injunctive
relief. In addition to the penalty provided hereunder, the commissioner may apply by petition
or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction
and for cause shown to grant a temporary or permanent injunction, or both,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-21-31.htm - 2K - Match Info - Similar pages
12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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