Legals for 10/23/2020 - 10/29/2020

October 22, 2020 chris
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NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF Alabama COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Mary Lou Hamrick Wife James W Hamrick Husband  to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for GMAC Mortgage, LLC dba Ditech.com, its successors and assigns dated April 3, 2007; said mortgage being recorded on April 30, 2007, as Instrument No. 3270011 in and re-recorded as Instrument No. 3276341 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to LoanCare, LLC in Instrument  3492249 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, LoanCare, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 9th day of November, 2020 the following property, situated in Etowah County, Alabama, to-wit:

Commence at a painted rock marking the NE corner of the SE Quarter of the NW Quarter in Section 5, Township 13 South, Range 7 East, thence South 00 degrees 10 minutes 02 seconds East 844.04 feet along the East line of said Forty to a 1/2” rebar capped (CA-497-LS), said point being the Point of Beginning, thence continue along said Forty line South 00 degrees 10 minutes 02 seconds East 269.93 feet to a 1/2” rebar capped (JBWT), thence leaving said Forty line South 89 degrees 09 minutes 53 seconds West 469.88 feet to a 1/2” rebar capped (JBWT), thence South 89 degrees 29 minutes 02 seconds West 19.96 feet to a 1/2” rebar capped (JBWT), thence North 00 degrees 20 minutes 56 seconds West 246.61 feet to a 1/2” pipe at a “T” post, thence South 81 degrees 03 minutes 16 seconds West 139.89 feet to a 1/2” rebar capped (JBWT), thence South 00 degrees 04 minutes 27 seconds West 42.07 feet to a 1/2” rebar capped (CA-497-LS), thence South 89 degrees 09 minutes 58 seconds West 115.00 feet to a 1/2” rebar capped (CA-497-LS), thence South 00 degrees 04 minutes 27 seconds West 385.00 feet to a magnetic nail, thence South 89 degrees 09 minutes 57 seconds West 194.31 feet to a magnetic nail, thence North 00 degrees 10 minutes 02 seconds West 470.00 feet to a 1/2” rebar capped (CA-497-LS), thence North 89 degrees 09 minutes 58 seconds East 940.00 feet to the Point of Beginning, containing 5.47 acres, more or less.

Less and except any portion lying within the Right of Way of Rifle Range Road (30 foot Right of Way).

Said property is commonly known as 745 Rifle Range Road, Glencoe, AL 35905.

Should a conflict arise between the property address and the legal description the legal description will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned.  The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

LOANCARE, LLC

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 962817

www.foreclosurehotline.net

October 9, 16 and 23, 2020

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NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA, COUNTY

OF ETOWAH,  Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jeremy Wallace on the 1st  day of September, 2011, said mortgage being recorded in the Office of the Judge of Probate of  ETOWAH  County, Alabama, in Instrument BOOK 3354657  on 2ND day of September, 2011, the undersigned, MARGARET S. WHITE  as mortgagee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the Courthouse door at ETOWAH COUNTY, Alabama, on the 2ND day of November, 2020, during the legal hour of sale, the following described real estate, situated in Etowah  County, Alabama, to-wit: LOT NUMBER FOUR (4) AND NUMBER FIVE (5) AND THE NORTH TEN (10) FEET OF LOT NUMBER THREE (3) BLOCK 1, IN SUPPLEMENT (1) TO JOHNSON ADDITION TO GLENCOE, ALABAMA, ACCORDING TO THE SURVEY OF, AS RECORDED IN PLAT BOOK 2, PAGE 127, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA

Subject to the restrictive covenants of record.  Subject to all utility easements, whether of record or as are situated over, along, across or beneath said property, including the overhead power transmission lines easement as shown on map of survey. Rights-of-way for roads of record or as same are presently situated over, along or across said property.

Said property is commonly known as 303 Macon Drive, Glencoe, Alabama 35905.

Should a conflict arise between the property address and the legal description the legal description will control.  Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage. Margaret S. White as holder of said mortgage.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

MARGARET S. WHITE, Mortgagees

Laura L. Barnes

Attorney for Mortgagee

Barnes & Barnes Law Firm, P.C.

8107 Parkway Drive

Leeds, Alabama 35094

205-699-5000

205-699-3333(FAX)

October 9, 16, and 23, 2020

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MORTGAGE FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by BARBARA M. JACOBS, a single person, to THOMAS MARION CHORON, SR. and wife, ANDREA RUTH CHORON, dated March 27, 2019 and recorded in Instrument No.: 3482063 in the Office of the Judge of Probate, Etowah County, Alabama, and the Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash, to the highest and best bidder in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 30th day of October, 2020, the following described real estate situated in Etowah County, Alabama:

House located at 2536 Main Street, Altoona, Etowah County, Alabama and including Lots 1, 2 and 3, Block 14 or the Rickles Addition Number 2 to the Town of Altoona, Etowah County, Alabama as recorded in Plat Book “A”, Page 400, Probate Office, Etowah County, Alabama. Subject to any mineral rights reserved in prior deeds.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the records of the Probate Court. The property will be sold without warrant, or recourse, express or implied as to title, use and/or enjoyment, and will be sold subject to the right of redemption of all parties entitled thereto. The Mortgagee reserves the right to bid for and purchase the property and to credit its purchase price against the expenses of sale and the indebtedness secured by the property.

Alabama law gives some persons who have an interest in the property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An Attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

David C. Livingston

By: David C. Livingston

Attorney for Mortgagee

P.O. Box 1621

Gadsden, AL 35902

(256) 546-9300

October 9,16, and 23, 2020

________________

FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness secured by the mortgage given by Jeremy Collins and wife, Kelly Collins, as Mortgagor, to Joe E. Gamberi, Jr., and Frank Minogue, as Mortgagee, dated February 6, 2009, and recorded as Instrument Number 3308226, Probate Office, Etowah County, Alabama, and the Mortgagee, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable and said mortgage subject to foreclosure, and such default continuing, notice is hereby given that acting under the power of sale contained in said mortgage, the Mortgagee will sell, at public outcry to the highest bidder for cash, in front of the front door of the Etowah County Courthouse in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 28th day of October, 2020, the following described property to-wit:

For a point of beginning for the hereinafter described parcel of land commence at the Northwest Corner of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE 1/4); thence run South 59 degrees 40 minutes East along the original Reed-Harris conditional line, a distance of 333.5 feet to a point in the Southeast line of Valley Road and being the Westernmost corner of the tract of land described in Deed Record 5-P, Page 371, Probate Office, Etowah County, Alabama; thence run North 39 degrees 12 minutes East along the said Southeast line of Valley Road and Northwest line of 5-P, Page 371 tract, a distance of 587.7 feet to the Northernmost corner thereof, which is the point of beginning of the parcel of land herein described; and from said point of beginning run South 59 degrees 40 minutes East along the Northeast line of aforesaid 5-P, Page 371 tract a distance of 515.0 feet to a point in the Northwest line of Birmingham-Chattanooga Highway (US #11); thence run North 39 degrees 12 minutes East along said line a distance of 150.0 feet to a point; thence run North 48 degrees 27 minutes West, a distance of 501.4 feet to a point in aforementioned Southeast line of Valley Road; thence run South 41 degrees 00 minutes West along said line a distance of 250.0 feet to the point of beginning, embracing portions of the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) and portions of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4), in Section Eight (8), Township Eleven (11) South, Range Six (6) East of the Huntsville Meridian, and lying and being in Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage and the proceeds thereof will be applied as provided by the terms of said mortgage.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This the 7th day of October, 2020.

Joe E. Gamberi, Jr., and Frank Minogue, Mortgagee

/s/ James C. Inzer, III

Inzer, Haney, McWhorter, Haney & Skelton, LLC

Attorney for Mortgagee

October 9, 16, and 23, 2020

________________

NOTICE TO HEIRS OF FRANCES LOUISE WHISENANT

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF FRANCES LOUISE WHISENANT, DECEASED

CASE NO:  S-10589

TO:  TO ANY HEIRS OF FRANCES LOUISE WHISENANT:

Please take notice that a Notice of Hearing has been filed by Sadie Benefield, as Petitioner. 

You are hereby further notified to appear on or before the 24th day of November 2020 at 10:00 AM when said Motion will be heard.

Dated this the 2nd day of October 2020.

Scott W. Hassell

Probate Judge

October 9, 16 and 23, 2020

________________

FILE CLAIMS

Ray Lindsey appointed Personal Representative(s) on 09/08/2020 Estate of Leslie Rankin Ryan Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 9, 16 and 23, 2020

________________

FILE CLAIMS

Vincent Pentecost and Christopher Griffith appointed Personal Representative(s) on 01/08/2020 Estate of Sadie Louise Allen Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

Vincent Pentecost and Christopher Griffith appointed Personal Representative(s) on 01/29/2020 Estate of Edward John Allen, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

Phillip Wesley Simmons appointed Personal Representative(s) on 8/31/2020 Estate of Sharon Fincher Simmons Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

Michael Clay, was/were appointed Personal Representative(s) on 09/14/2020 Estate of Frances Loraine Clay, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

Toni Nicole Wolfe was/were appointed Personal Representative(s) on 09/09/2020 Estate of Vicki Lynn Brooks, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

Jason Russell Gray was/were appointed Personal Representative(s) on 09/21/2020 Estate of Walter Daniel Gray, Jr., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

Samuel Jay McCoy was/were appointed Personal Representative(s) on 10/07/2020 Estate of Bobbie J. McCoy, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

Pamela Loyd Williams was/were appointed Personal Representative(s) on 09/23/2020 Estate of Lonnie Lee Williams, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

Shawn Wood and Brandi Roll appointed Personal Representative(s) on 09/14/2020 Estate of Royce Robert Wood, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

FILE CLAIMS

David Keith Tidwell was/were appointed Personal Representative(s) on 09/03/2020 Estate of Jimmie Sue Tidwell, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

October 23, 30, and November 6, 2020

________________

NOTICE OF APPOINTMENT

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE:  THE ESTATE OF MICHEAL EMMETT MASSEY, DECEASED

CASE NO.: S-11074

Letters of Administration of said deceased having been granted to Danny Massey, Personal Representative on the 10th day of September, 2020, by the Honorable Scott Hassell, Judge of Probate Court of Etowah County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Scott W. Hassell

Judge of Probate

October 16, 23, and 30, 2020

________________

NOTICE OF PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE LAST WILL AND TESTAMENT OF BETTY SUE SMITH, DECEASED

TO:  Steve Shirley, you are notified that the 30th day of November, 2020 at 10:30 o’clock A.M., is set a date and time for hearing the Petition to Admit to Probate the Last Will and Testament in the case of the Estate of Betty Sue Smith, deceased, Probate Office, Etowah County, Alabama, Case Number: S-10968.  You may appear and contest the same if you deem it proper.

Scott W. Hassell

Judge of Probate Court, Etowah County

Jack Floyd, Esquire

Floyd Law Firm, LLC

Attorney for Petitioner

808 Chestnut Street

Gadsden, AL. 35901

256-547-6328

October 16, 23 and 30, 2020

________________

NOTICE FOR PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE W.C. CHAPMAN, DECEASED

CASE NO.: S-11090

Walden Craig Chapman and Boris Chapman, whose whereabouts are unknown, that the 30th day of November, 2020 at 11:00 o’clock A.M. is set as a date and time for hearing the Petition to Admit to Probate the Last Will and Testament in the case of the Estate of W.C. Chapman, deceased, Probate Office, Etowah County, Alabama, Case Number: S-11090.  You man appear and contest the same if you deem it proper.

Scott W. Hassell

Judge, Probate Court, Etowah County

Jack Floyd, Esquire

Floyd Law Firm, LLC

Attorney for Petitioner

808 Chestnut Street

Gadsden, AL. 35901

256-547-6328

October 16, 23 and 30, 2020

________________

PUBLICATION NOTICE ACTION TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CRAIG MARBUT PLAINTIFF, 

vs.

CASE NO.: CV-2020-900509

LILLIE D. TANT, and THOMAS JARED TANT

and any other unknown heirs of

PATRICIA E.

TANT and Fictitious Defendants A, B, C and D,

being those entities claiming an interest

in that certain real property described below

and the following described real property:

Tract 5 and South half of Tract 6, Vester Hill Lands

being in Section 7, Township 12 South, Range 8,

East, Etowah County, Alabama and bearing Parcel# 

31-13-03-07-0-001-006.022

DEFENDANTS.

The unknown heirs of Patricia E. Tant, and all others claiming an interest in the above described property, must answer the complaint filed by Craig Marbut, seeking to quiet title to the property described above and for other relief within 30 days of the last publication of the notice or thereafter a judgment by default may be rendered against them in the above styled cause.

Done this the 14th day of October, 2020

Cassandra Johnson

Circuit Clerk

David C. Livingston

Atty for Plaintiff

P.O. Box 1621

Gadsden, AL 35902

October 16, 23, 30 and November 6, 2020

________________

RESOLUTION

NO. R-320-20

Ordering Abatement of Nuisance                                                                     

Whereas, the Building Official has determined that a structure located at

1218 BELLE STREET in District 7 in the City of Gadsden, more particularly described as:

Lots 11 & 12 in Block 2 in W. A. Bell’s Resurvey of Lot 12 of Clayton Plat #1 to Alabama City, according to the map or plat recorded in Plat Book “B”, Page 196, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to the STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, AL, subject to the rights of redemption of LEONARD FORTNEY, 1218 BELLE STREET, GADSDEN, AL, 513 W. EMBARGO STREET APT. 1, ROME, NY, certain mortgage in favor of T.R. ROBERTS, 1272 GOODYEAR AVENUE, GADSDEN, AL, certain mortgage in favor of DENNIS E. TWIGG, 4693 FOWLERS FERRY ROAD N., GADSDEN, AL

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

             2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on October 13, 2020.                                         

Iva Nelson, City Clerk   

October 23, 2020

________________

FORM OF ADVERTISEMENT FOR COMPLETION LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Alabama Grading & Excavation, LLC, has completed the Contract for Detention Pond Construction At the City of Gadsden Borrow Pit in between 1865 and 1971 Appalachian Highway, Hokes Bluff, AL 35903 for the City of Gadsden, Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify Heath Williamson, PE for The City of Gadsden, Owner, 90 Broad Street, Gadsden, AL 35901.

Alabama Grading & Excavation, LLC

717 Willow Creek Road

Gadsden, Alabama 35903

(256)504-4193

October 9, 16, and 23, and 30, 2020                             

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-20-900535-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$2,371.00 U.S. Currency,

DEFENDANT

In Re:  Cedric Deshone Smith, Jr.

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 27th day of November 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 24th day of September 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-20-900523-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$256.00 U.S. Currency,

Mossberg 590 12 Gauge

Serial # V0859873

Fostech AR-15 Pistol

Serial # FT0001985

Spingfield Hellcat

Serial # BY165438

Taurus Judge

Serial # MS574448

DEFENDANT

In Re:  Christian Tyler Moore

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND FIREARMS:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and firearms. You are hereby notified that you must answer said Complaint by the 27th day of November 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 24th day of September 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-20-900538-SJS

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$1,355.00 U.S. Currency,

FNS 40 Caliber Pistol

Serial # GKU0079038,

SCCY 9mm Pistol

Serial # 251354

DEFENDANT

In Re:  Harryko Jackson

Jerborey Williams

Braxton Dowdy

Meleah Johnson

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND FIREARMS:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and firearms. You are hereby notified that you must answer said Complaint by the 27th day of November 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 24th day of September 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-20-900520-SJS

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$1,430.00 U.S. Currency,

DEFENDANT

In Re:  Larry Christopher Alldredge

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 27th day of November 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 24th day of September 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-20-900551-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$806.00 U.S. Currency,

Glock 27 40 Cal. Pistol

Serial # HSA227

DEFENDANT

In Re:  Ronald Dean Gray

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND FIREARMS:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 4th day of December 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 25th day of September 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-19-900743-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

2006 Ford F-150 King Ranch

VIN # 1FTPW125X6KC02742

$1,358.00 U.S. Currency,

DEFENDANT

In Re: Fernando Lourenco Miliner

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED VEHICLE AND CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle and currency. You are hereby notified that you must answer said Complaint by the 18th day of December 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 19th day of October 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 23, 30, November 6 and 13, 2020

________________

STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR

WHEREAS the Alabama Legislature at its 2019 Regular Session enacted Act No. 2019-330 (SB 313), Act No. 2019-187 (SB 216), Act No. 2019-346 (HB 505), Act No. 2019-271 (HB 328), Act No. 2019-194 (HB 536), and Act No. 2019-193 (HB 461), proposing amendments to the Constitution of Alabama of 1901;

WHEREAS, in conformity with Section 284 of the Constitution of Alabama of 1901, as amended, the Legislature has ordered an election by the qualified electors of the state upon such proposed amendments; and

WHEREAS notice of this election, together with the proposed amendments, is required by law to be given by proclamation of the Governor, which shall be published once a week for at least four successive weeks immediately preceding the day appointed for the election;

NOW, THEREFORE, I, Kay Ivey, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on Tuesday, November 3, 2020, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendments to the Constitution of 1901 of the State of Alabama:

AMENDMENT PROPOSED BY ACT NO. 2019-330

Article VIII of the Constitution of Alabama of 1901, as amended, now appearing as Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

ARTICLE VIII.

“SUFFRAGE AND ELECTIONS.

“(a) Every Only a citizen of the United States who has attained the age of eighteen years and has resided in this state and in a county thereof for the time provided by law, if registered as provided by law, shall have the right to vote in the county of his or her residence. The Legislature may prescribe reasonable and nondiscriminatory requirements as prerequisites to registration for voting. The Legislature shall, by statute, prescribe a procedure by which eligible citizens can register to vote.

“(b) No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability.

“(c) The Legislature shall by law provide for the registration of voters, absentee voting, secrecy in voting, the administration of elections, and the nomination of candidates.”

AMENDMENT PROPOSED BY ACT NO. 2019-187

(a) The following amendments to the Constitution of Alabama of 1901 are repealed:

(1) Amendment 580 of the Constitution of Alabama of 1901, now appearing as Section 158 of the Official Recompilation of the Constitution of Alabama of 1901, as amended

(2) Section 6.21 of Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 161 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(3) Amendment 226 of the Constitution of Alabama of 1901, now appearing as Section 162 of the Official Recompilation of the Constitution of Alabama of 1901, as amended

(b) Section 6.05 of Amendment 328; Section 6.09 of Amendment 328, as further amended by Amendment 426; Sections 6.10, 6.12, 6.14, and 6.16 of Amendment 328; Sections 6.17 and 6.18 of Amendment 328, as amended by Amendment 581; Sections 6.19 and 6.20 of Amendment 328, and Sections 173 and 174 of the Constitution of Alabama of 1901, now appearing as Sections 143, 148, 149, 151, 153, 155, 156, 157, 159, 160, 162, 173, and 174 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, are amended to read as follows:

“Amendment 328.

“Section 6.05.

(a) The district court shall be a court of limited jurisdiction and shall exercise uniform original jurisdiction in such cases, and within such the geographical boundaries, as shall be prescribed by law,; provided, that the district court shall hold court in each county seat and at such other places as prescribed by law.

(b) The district court shall have jurisdiction of all cases arising under ordinances of municipalities in which there is no municipal court and shall hold court in each incorporated municipality of a population of 1000 or more where there is no municipal court at places prescribed by law.

“Amendment 328, as amended by Amendment 426.

“Section 6.09.

“(a) A state judicial compensation commission is hereby created which shall recommend the salary and expense allowances to be paid from the state treasury State Treasury for all the judges of this state, except for judges of the probate court. The commission shall consist of five members;: one One shall be appointed by the governor Governor, one by the president President of the senate Senate, one by the speaker Speaker of the house House, and two by the governing body of the Alabama state bar State Bar.

“(b) Members of the judicial compensation commission shall serve for terms of four years. Any vacancy on the commission shall be filled in the same manner in which such the position was originally filled. The legislature Legislature shall appropriate sufficient funds for the expenses of the commission.

“(c) No member of the commission shall hold any other public office, or office in any political party, and no member of the commission shall be eligible for appointment to a state judicial office so long as he or she is a member of the commission and for two years thereafter.

“(d) The commission may submit a report to the legislature Legislature at any time within the first five calendar days of any session. The recommendations of the commission shall become law upon confirmation by a joint resolution or such recommendations may be altered by an act of the legislature Legislature at the session to which the report is submitted. The compensation of a judge shall not be diminished during his or her official term.

“Amendment 328.

“Section 6.10.

(a) The chief justice Chief Justice of the supreme court Supreme Court shall be the administrative head of the judicial system. He shall appoint an administrative director of courts and other needed personnel to assist him with his administrative tasks. The Supreme Court shall appoint an Administrative Director of Courts according to procedures provided by general law. The Administrative Director of Courts shall assist the Chief Justice with his or her administrative tasks. The chief justice Chief Justice may assign appellate justices and judges to any appellate court for temporary service and may assign trial judges, supernumerary justices and judges, and retired trial judges and retired appellate judges for temporary service in any court.

(b) The Legislature shall provide adequate Adequate and reasonable financing for the entire unified judicial system shall be provided. Adequate and reasonable appropriations shall be made by the legislature Legislature for the entire unified judicial system, exclusive of probate courts and municipal courts. The legislature Legislature shall receive recommendations for appropriations for the trial courts from the administrative director of courts Administrative Director of Courts and for the appellate courts from each such court. The Legislature shall establish procedures for the appointment of the Administrative Director of Courts.

“Amendment 328.

“Section 6.12.

“(a) The supreme court Supreme Court shall establish criteria for determining the number and boundaries of judicial circuits and districts, and the number of judges needed in each circuit and district. If the supreme court Supreme Court finds that a need exists for increasing or decreasing the number of circuit or district judges, or for changing the boundaries of judicial circuits or districts, it shall, at the beginning of any session of the legislature Legislature, the court shall certify its findings and recommendations to the legislature Legislature.

“(b) If a bill is introduced at any session of the legislature Legislature to increase or decrease the number of circuit or district judges, or to change the boundaries of any judicial circuit or district, the supreme court Supreme Court must, within three weeks, shall report to the legislature Legislature its recommendations on the proposed change. No change shall be made in the number of circuit or district judges, or the boundaries of any judicial circuit or district, unless authorized by an act adopted after the recommendation of the supreme court Supreme Court on such proposal has been filed with the legislature Legislature.

“(c) An act decreasing the number of circuit or district judges shall not affect the right of any judge to hold his or her office for his or her full term.

“Amendment 328.

“Section 6.14.

“The office of a judge shall be vacant if he or she dies, resigns, retires, or is removed. Vacancies in any judicial office shall be filled by appointment by the governor ; however, vacancies occurring in any judicial office in Jefferson county shall be filled as now provided by amendments 83 and 110 to the Constitution of Alabama of 1901 [Jefferson County §§ 8 and 9] and vacancies occurring in Shelby, Madison, Wilcox, Monroe, Conecuh, Clarke, Washington, Henry, Etowah, Walker, Tallapoosa, Pickens, Greene, Tuscaloosa, St. Clair county shall be filled as provided in the Constitution of 1901 with amendments now or hereafter adopted, or as may be otherwise established by a properly advertised and enacted local law Governor, except as specified by a separate local constitutional amendment now existing or hereafter adopted that affects only one county or a political subdivision within one or more counties. A judge, other than a probate judge, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he or she has completed one year in office. At such election, such judicial office shall be filled for a full term of office beginning at the end of the appointed term.

“Amendment 328.

“Section 6.16.

The legislature Legislature shall provide by law for the retirement of judges, including supernumerary judges, with such conditions, retirement benefits, and pensions for them the judges and their dependents as it the Legislature may prescribe. No person shall be elected or appointed to a judicial office after reaching the age of seventy 70 years, provided that a judge over the age of seventy 70 years may be appointed to the office of supernumerary judge if he or she is not eligible to receive state judicial retirement benefits.

“Amendment 328, as amended by Amendment 581.

“Section 6.17.

“(a) A Judicial Inquiry Commission is created consisting of nine 11 members. The Supreme Court shall appoint one appellate judge who shall not be a Justice on the Supreme Court; the Circuit Judges’ Association shall appoint two judges of the circuit court; the Governor shall appoint three persons who are not lawyers, who shall be subject to Senate confirmation before serving; the Lieutenant Governor shall appoint one district judge who shall be subject to Senate confirmation the District Judges’ Association shall appoint one judge of the district court; the Probate Judges’ Association shall appoint one judge of the probate court; the Municipal Judges’ Association organized under the Alabama League of Municipalities shall appoint one judge of the municipal court; and the governing body of the Alabama State Bar shall appoint two members of the state bar to serve as members of the commission. The nominating authorities shall make every effort to coordinate their appointments to assure commission membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation. Provided, however, that on January 1, 2005, the appointment authority granted to the Lieutenant Governor shall revert to the Governor and the Governor shall thereafter be entitled to appoint three persons who are not lawyers and one district judge, all subject to Senate confirmation. The commission shall select its own chair. The terms of the members of the commission shall be four years and each member may serve no more than two consecutive terms. A vacancy on the commission shall be filled for a full term in the manner the original appointment was made.

“(b) The commission shall be convened permanently with authority to conduct investigations and receive or initiate complaints concerning any judge of a court of the judicial system of this state. The commission shall file a complaint with the Court of the Judiciary in the event that a majority of the members of the commission decide that a reasonable basis exists, (1) to charge a judge with violation of any Canon of Judicial Ethics, misconduct in office, or failure to perform his or her duties, or (2) to charge that the judge is physically or mentally unable to perform his or her duties. All proceedings of the commission shall be confidential except the filing of a complaint with the Court of the Judiciary. The commission shall prosecute the complaints.

“(c) The Supreme Court shall adopt rules governing the procedures of the commission.

“(d) The commission shall have subpoena power and authority to appoint and direct its staff. Members of the commission who are not judges shall receive per diem compensation and necessary expenses; members who are judges shall receive necessary expenses only. The Legislature shall appropriate funds for the operation of the commission.

“Amendment 328, as amended by Amendment 581.

“Section 6.18.

“(a) The Court of the Judiciary is created consisting of one judge of an appellate court, other than the Supreme Court, who shall be selected by the Supreme Court and shall serve as Chief Judge of the Court of the Judiciary; two judges of the circuit court, who shall be selected by the Circuit Judges’ Association; and one district judge of the district court, who shall be selected by the District Judges’ Association. Other members of the Court of the Judiciary shall consist of two members of the state bar, who shall be selected by the governing body of the Alabama State Bar; two and three persons who are not lawyers, who shall be appointed by the Governor; and one person appointed by the Lieutenant Governor. The nominating authorities shall make every effort to coordinate their appointments to assure court membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation. Members appointed by the Governor and Lieutenant Governor shall be subject to Senate confirmation before serving. Provided, however, that on January 1, 2005, the appointment authority granted to the Lieutenant Governor shall revert to the Governor and the Governor shall thereafter be entitled to appoint three persons who are not lawyers, subject to Senate confirmation. The court shall be convened to hear complaints filed by the Judicial Inquiry Commission. The court shall have authority, after notice and public hearing, to do either of the following:

(1) to remove Remove from office, suspend, with or without pay, or censure a judge, or apply such any other sanction as may be prescribed by law, for a violation of a Canon of Judicial Ethics, misconduct in office, or failure to perform his or her duties,.

(2) to suspend Suspend, with or without pay, or to retire a judge who is physically or mentally unable to perform his or her duties.

“(b) A judge aggrieved by a decision of the Court of the Judiciary may appeal to the Supreme Court. The Supreme Court shall review the record of the proceedings on the law and the facts.

“(c) The Supreme Court shall adopt rules governing the procedures of the Court of the Judiciary.

“(d) The Court of the Judiciary shall have power to may issue subpoenas. The Legislature shall provide by law for the expenses of the court.

“Amendment 328.

“Section 6.19.

(a) A judge shall be disqualified from acting as a judge, without loss of salary, while there is pending in either of the following circumstances:

“(1) an An indictment or an information charging him or her in the United States with a crime punishable as a felony under a state or federal law, or is pending.

“(2) a A complaint against him filed by the judicial inquiry commission with the court of the judiciary. or her recommending disqualification adopted by a two-thirds vote of the Judicial Inquiry Commission is pending with the Court of the Judiciary and both of the following conditions are met:

a. The complaint alleges the judge is physically or mentally unable to perform his or her judicial duties or poses a substantial threat of serious harm to the public or the administration of justice.

b. The recommendation of disqualification is approved by the Chief Judge of the Court of the Judiciary.

(b) A judge who is suspended pursuant to subdivision (2) of subsection (a) shall have the opportunity to request a review of the suspension pursuant to rules of procedure adopted by the Supreme Court to govern the Court of the Judiciary.

“Amendment 328.

“Section 6.20.

“(a) A district attorney for each judicial circuit shall be elected by the qualified electors of those counties in such circuit. Such The district attorney shall be licensed to practice law in this state and shall, at the time of his or her election and during his or her continuance in office, shall reside in his or her circuit. His The term of office shall be for six years and he or she shall receive such compensation as provided by law. Vacancies in the office of district attorney and in his or her staff shall be filled as provided by law.

“(b) Clerks of the circuit courts shall be elected by the qualified electors in each county for a term of six years. If the office of register in chancery continues to be provided by law, then the clerk of the circuit court may also fill such office in a manner prescribed by law. Vacancies in the office of clerk of the circuit court shall be filled by the judge or judges of the circuit court who have jurisdiction over the county in which the office of clerk of the circuit court is located.

(c) Persons elected to the position of constable to assist the courts of the state as provided by law shall be subject to the same restrictions, rights and limitations as are specified in section 280 of the Constitution of 1901, and no law shall prohibit the receipt of fees for the performance of official duties of said position while holding any other elected or appointed office.

(d) (c) The revenue from fines, forfeitures, and court costs produced in district courts from the exercise of jurisdiction under municipal ordinances shall be apportioned between the municipality and the state as shall be provided by law.

“Section 173.

“(a) The Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, members of the State Board of Education, and Commissioner of Agriculture and Industries, and justices of the supreme court may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith.

“(b) The House of Representatives shall present articles or charges of impeachment against those persons identified in subsection (a), specifying the cause to the Senate.

“(c) The Senate, sitting as a court of impeachment, shall take testimony under oath on articles or charges preferred by the House of Representatives.

“(d) The Lieutenant Governor shall preside over the Senate when sitting as a court of impeachment, provided, however, that if the Governor or Lieutenant Governor is impeached, the Chief Justice, or if the Chief Justice be absent or disqualified, then one of the associate justices of the supreme court, to be selected by the court, shall preside over the Senate when sitting as a court of impeachment. No person may be convicted by the Senate sitting as a court of impeachment without the concurrence of two-thirds of the members present.

“(e) If at any time when the Legislature is not in session, a majority of all the members elected to the House of Representatives shall certify in writing to the Secretary of State their desire to meet to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor, it shall be the duty of the Secretary of State immediately to notify the Speaker of the House who, within 10 days after receipt of the notice, shall summon the members of the House to assemble at the capitol on a day to be fixed by the Speaker, but not later than 15 days after receipt of the notice by the Speaker from the Secretary of State, to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor.

“(f) If the House of Representatives prefers articles of impeachment, the Speaker of the House shall forthwith notify the Lieutenant Governor, unless he or she is the officer impeached, in which event the President Pro Tempore of the Senate shall be notified, who shall summon the members of the Senate to assemble at the capitol on a specified day not later than 10 days after receipt of the notice from the Speaker of the House, for the purpose of hearing and trying the articles of impeachment against the Governor, Lieutenant Governor, or other officer administering the office of Governor, as may be preferred by the House of Representatives.

“Section 174.

The judges of the district and circuit courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the supreme court, district District attorneys, and sheriffs, may be removed from office for any of the causes specified in Section 173 or elsewhere in this constitution, by the supreme court, or under such regulations as may be prescribed by rule of the Supreme Court of Alabama or law. The Legislature may provide for the impeachment or removal of other officers than those named in this article.”

AMENDMENT PRPOSED BY ACT NO. 2019-346

Section 6.14 of Amendment 328 of the Constitution of Alabama of 1901, is amended to read as follows:

“6.14. Vacancies in judicial office.

“The office of a judge shall be vacant if he dies, resigns, retires, or is removed. Vacancies in any judicial office shall be filled by appointment by the governor; however, except for the provisions for the initial term of a judge appointed to fill a vacancy as provided herein, vacancies occurring in any judicial office in Jefferson county shall be filled as now provided by amendments 83 and 110 to the Constitution of Alabama of 1901 and vacancies occurring in Shelby, Madison, Wilcox, Monroe, Conecuh, Clarke, Washington, Henry, Etowah, Walker, Tallapoosa, Pickens, Greene, Tuscaloosa, St. Clair county shall be filled as provided in the Constitution of 1901 with amendments now or hereafter adopted, or as may be otherwise established by a properly advertised and enacted local law. A Notwithstanding any other provision of any amendment to this Constitution, a judge, other than a probate judge, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he has completed one year two years in office or the remainder of the original term of the judge elected to the office which is vacant, whichever is longer. At such the election such the judicial office shall be filled for a full term of office beginning at the end of the appointed term.”

AMENDMENT PROPOSED BY ACT NO. 2019-271

The Legislature, upon the recommendation of the Director of the Legislative Services Agency through a proposed draft, may arrange this constitution, as amended, in proper articles, parts, and sections removing all racist language, delete duplicative and repealed provisions, consolidate provisions regarding economic development, arrange all local amendments by county of application during the 2022 Regular Session of the Legislature, and make no other changes. The draft and arrangement, when approved by a three-fifths vote of each house of the Legislature, through joint resolution, shall be submitted to the voters pursuant to Amendment 714 of the Constitution of Alabama of 1901, now appearing as Section 286.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, except that the text of the proposed constitution shall be published on the website of the Secretary of State and shall be made available, without cost, to any agency of the state or a municipality or county in the state that operates a public access website for publication on the website. The Constitution of Alabama, with the amendments made thereto, in accordance with this amendment, once approved by the voters, shall be the supreme law of the state.

AMENDMENT PROPOSED BY ACT NO. 2019-194

(a) This amendment shall apply only in Franklin County.

(b) The following definitions are applicable to this amendment:

(1) CHURCH. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.

(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(3) FORCE. Physical action or threat against another, including confinement.

(4) PREMISES. The term includes any building, as defined in this section, and any real property.

(c) A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person, if the person reasonably believes that another person is using or about to use physical force against an employee, volunteer, member of a church, or any other person authorized to be on the premises of the church when the church is open or closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree.

(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.

(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A-3-21, Code of Alabama 1975.

(f)(1) Prior to the commencement of a trial in a case in which a defense is claimed under this amendment, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether deadly force, used by the defendant was justified or whether it was unlawful under this amendment. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.

(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.

(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.

(f) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (b), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.

AMENDMENT PROPOSED BY ACT NO. 2019-193

(a) This amendment shall apply only in Lauderdale County.

(b) The following definitions are applicable to this amendment:

(1) CHURCH. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.

(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(3) FORCE. Physical action or threat against another, including confinement.

(4) PREMISES. The term includes any building, as defined in this section, and any real property.

(c) A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person, if the person reasonably believes that another person is using or about to use physical force against an employee, volunteer, member of a church, or any other person authorized to be on the premises of the church when the church is open or closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree.

(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.

(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A-3-21, Code of Alabama 1975.

(f)(1) Prior to the commencement of a trial in a case in which a defense is claimed under this amendment, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether deadly force, used by the defendant was justified or whether it was unlawful under this amendment. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.

(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.

(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.

(f) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (b), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.

FURTHER, I proclaim and direct that this proclamation shall be published once a week for the four successive weeks immediately preceding Tuesday, November 3, 2020, in every county as required by law.

Kay Ivy,

Governor

October 2, 9, 16 and 23, 2020_

_______________

LEGAL AD

CVH Properties, LLC will take possession of the contents of the following storage units for charges due on November 7, 2020:

Units located at 640 Gallant Rd Attalla, AL 35954:

#22 – Clay Jacobs

#25 – Joshua Wade

Units located at 2607 Norris Ave Gadsden, AL 35904:

#12 – Susan Croby

CVH Properties, LLC

PO Box 464

Attalla, AL 35954

October 16 and 23, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/30/2020 at 10:00 AM.

2001 Nissan  – VIN:  JN1CA 31D11T804663 

2003 Honda – VIN:  JHMCM5 6603C054300

1993 Jeep – VIN:  1J4FT68 S7PL592977

2007 Honda – VIN:  1HGFA1 65X7L024011

2007 dodge – VIN:  1D7HE 22KX7S160308

2003 Nissan – VIN:  1N4AL11D73C151588

2004 Chevy – VIN:  1GCEC1 4XX4Z122991

1998 Chevy – VIN:  1G1JC 5249W7120719

Hare Wrecker Service

212 East Air Depot Rd.

Glencoe, AL. 35905

256-492-1585

October 16 and 23, 2020

_______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/20/2020.

2011 INFINITI G37 – VIN: JN1CV6 FE5BM952334

2001 BMW 325CI – VIN: WBABS 33411JY52059

Thacker Towing

927 5th Avenue NE

Attalla, AL 35954

(256) 546-9994

October 16 and 23, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/20/2020.

2006 BMW 525 black – VIN WBANE53546CK86905

J.A. Morgan

ER Towing & Recovery

1733 Forrest Avenue

Gadsden, AL 35901

(256) 547-1549

October 23 and 30, 2020

_______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/01/2020.

2012 Jeep Patriot black – VIN: 1C4NJRFB 5CD630237

J.A. Morgan

ER Towing & Recovery

1733 Forrest Avenue

Gadsden, AL 35901

(256) 547-1549

October 23 and 30, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/27/2020.

2005 FORD EXPLORER – VIN: 1FMZU63K65UB38388

Thacker Towing

927 5th Avenue NE

Attalla, AL 35954

(256) 546-9994

October 23 and 30, 2020