Alabama Motion for Acquittal Based on Insanity

State:
Multi-State
Control #:
US-00836
Format:
Word; 
Rich Text
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Description

Defendant, through his/her attorney moves the court that he/she be acquitted of certain matters because he/she is both-feeble minded and insane
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FAQ

?If any person charged with any felony is held in confinement under indictment and the trial court shall have reasonable ground to doubt his sanity, the trial of such person for such offense shall be suspended until the jury shall inquire into the fact of such sanity, such jury to be impaneled from the regular jurors ...

Alabama Rules of Criminal Procedure Rule 15. Preparation for trial; pleadings and motions. (2) In district court or municipal court, at the time of or before entering a plea. (b) EXTENSION OR LIMITATION OF TIME.

Under Rule 11.6, a person charged with a crime may be committed for treatment and therapy for at most a six-month period.

?An indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper ...

Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

Rule 9.1. Defendant's right to be present. (a) RIGHT TO BE PRESENT. The defendant has the right to be present at the arraignment and at every stage of the trial, including the selection of the jury, the giving of additional instructions pursuant to Rule 21, the return of the verdict, and sentencing.

Motions for judgment of acquittal may be made either in writing or orally upon the record and shall be argued outside the hearing of the jury; except that motions pursuant to Rule 20.3 shall be in writing.

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Alabama Motion for Acquittal Based on Insanity