Code of Alabama
Ala. Code § 12-16-9 (2026)
Separation and Sequestration of Jury in Felony Cases.
✓ official Alabama Legislature (ALISON) text, current July 2026
In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the pendency of the trial. The court may at any time on its own initiative or on motion of any party, require that the jury be sequestered under the charge of a proper officer whenever they leave the jury box or the court may allow them to separate. A motion to separate or sequester shall not be made within the hearing of the jury, and the jury shall not be informed which party, if any, requested separation or sequestration.
(Acts 1943, No. 384, p. 358; Acts 1982, No. 82-566, p. 943; Acts 1995, No. 95-190, p. 264, §1.)
Notes of Decisions
Cited in 34
cases, 1978–2016 · leading case: Woods v. State, 789 So. 2d 896 (Ala. Crim. App. 1999).
Woods v. State, 789 So. 2d 896 (Ala. Crim. App. 1999). “" The commentary to the Rule notes that the Rule was amended to make it consistent with § 12-16-9, Code of Alabama 1975. This Code section reads as follows: "In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate…”
Minor v. State, 780 So. 2d 707 (Ala. Crim. App. 1999). “) The trial court, in allowing the jury to separate, acted pursuant to § 12-16-9, Ala.Code 1975, amended effective June 15, 1995, which provides: "In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the…”
Adams v. State, 955 So. 2d 1037 (Ala. Crim. App. 2003). “However, § 12-16-9, Ala.Code 1975, as that section was amended in 1995 before Adams's trial, read, in part: "In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the pendency of the trial.”
Griffin v. State, 790 So. 2d 267 (Ala. Crim. App. 2000). “The trial court, in allowing the jury to separate, acted pursuant to § 12-16-9, Ala.Code 1975, as amended effective June 15, 1995, which provides: "In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the…”
Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994). “shall create a prima facie presumption that the accused was not prejudiced by reason of the separation"); Ala.Code 1975, § 12-16-9(a), and its predecessor, Tit.”
Lam Luong v. State, 199 So. 3d 173 (Ala. Crim. App. 2016). “, was amended effective December 1, 1997, to make the Rule consistent with § 12-16-9, 2 Rule 19.3(a), how provides, in pertinent part: “(1) In the prosecution of any felony case, the trial court, in its discretion, may permit the jury hearing the case to separate during the…”
Thompson v. State, 153 So. 3d 84 (Ala. Crim. App. 2012). “That section provides: “‘In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the pendency of the trial. The court may at any time on its own initiative or on motion of any party, require that the jury be…”
McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001). “Such a separation of the jury shall create a prima facie presumption that the accused was not prejudiced by reason of the separation." The rule as amended makes no distinction between capital and noncapital cases and gives the trial court absolute discretion to permit the jury…”
Jackson v. State, 791 So. 2d 979 (Ala. Crim. App. 2000). “Code 1975, vests the trial court with the discretion to allow the jury to separate without the consent of the defense or the prosecution. Accordingly, it was within the trial court's discretion to allow the jury to separate without Jackson's consent.”
McGowan v. State, 990 So. 2d 931 (Ala. Crim. App. 2005). “Contrary to McGowan's argument, the trial court acted pursuant to § 12-16-9, Ala.Code 1975, amended effective June 15, 1995, which provides, in pertinent part: "In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to…”
Arthur v. State, 711 So. 2d 1031 (Ala. Crim. App. 1996). “Pursuant to § 12-16-9(a), Code of Alabama 1975: "If the accused and his counsel and also the prosecuting attorney, in any prosecution for a capital felony consent thereto in open court, the trial court in its discretion may permit the jury trying the case to separate during the…”
Donald Dwayne Whatley v. State of Alabama., 146 So. 3d 437 (Ala. Crim. App. 2010). “The circuit court initially granted this motion and stated, in part: “Under the provisions of Section 12-16-9, Code of Alabama (1975), the Court hereby finds that this trial jury must be kept together without separation for the duration of this trial, from the start of each day…”
— Ala. Code § 12-16-9(a) — 5 cases
Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994). “shall create a prima facie presumption that the accused was not prejudiced by reason of the separation"); Ala.Code 1975, § 12-16-9(a), and its predecessor, Tit.”
Arthur v. State, 711 So. 2d 1031 (Ala. Crim. App. 1996). “Pursuant to § 12-16-9(a), Code of Alabama 1975: "If the accused and his counsel and also the prosecuting attorney, in any prosecution for a capital felony consent thereto in open court, the trial court in its discretion may permit the jury trying the case to separate during the…”
Jackson v. State, 674 So. 2d 1318 (Ala. Crim. App. 1993).
State v. Gentry, 727 So. 2d 141 (Ala. 1999).
Rogers v. State, 638 So. 2d 1360 (Ala. 1993).
— Ala. Code § 12-16-9(b) — 3 cases
Brown v. State, 369 So. 2d 56 (Ala. Crim. App. 1979).
Ragland v. State, 383 So. 2d 897 (Ala. Crim. App. 1980).
Irwin v. State, 397 So. 2d 225 (Ala. Crim. App. 1981).
— Ala. Code § 12-16-9(c) — 1 case
Irwin v. State, 397 So. 2d 225 (Ala. Crim. App. 1981).
— Ala. Code § 12-16-9(d) — 1 case
Reeves v. State, 432 So. 2d 535 (Ala. Crim. App. 1983).
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