Alabama Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

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Multi-State
Control #:
US-MOT-01426
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This is a multi-state form covering the subject matter of the title.
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  • Preview Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

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FAQ

Under Rule 59(a), a new trial may be granted in both jury and nonjury cases with respect to all or any of the parties. A motion for a new trial is addressed to the inherent power of the trial court to reconsider the decision in the case and grant a new trial to prevent a miscarriage of justice.

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

A ?Rule 32 petition? is a petition that people can file to challenge their conviction in court where they were convicted.

Rule 2.3. Contents of a complaint. A complaint is a statement made upon oath before a judge, magistrate, or official authorized by law to issue warrants of arrest, setting forth essential facts constituting an offense and alleging that the defendant committed the offense.

Every order of release under this rule shall contain the conditions that the defendant: (1) Appear to answer and to submit to the orders and process of the court having jurisdiction of the case; (2) Refrain from committing any criminal offense; (3) Not depart from the state without leave of court; and (4) Promptly ...

A successive petition on different grounds shall be denied unless (1) the petitioner is entitled to relief on the ground that the court was without jurisdiction to render a judgment or to impose sentence or (2) the petitioner shows both that good cause exists why the new ground or grounds were not known or could not ...

Rule 3.1. Issuance of arrest warrant or summons. (a) ISSUANCE. Upon return of an indictment, or upon a finding of probable cause made pursuant to Rule 2.4, the judge or magistrate shall immediately cause to be issued an arrest warrant or a summons, as provided in Rule 3.2.

The purpose of Rule 4.4(a) is to insert the judicial process between the police and the defendant at the earliest practicable time in order to minimize the effects of carelessness, abuse of power, or unavoidable error in the police Page 2 function.

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Alabama Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions