Code of Alabama

Ala. Code § 13A-5-39 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026

Find cases: SyfertCases citing this section JustiaAla. Code CornellLII Search CasesGoogle Scholar

As used in this article, these terms shall be defined as follows:

(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, or life imprisonment without parole, according to the provisions of this article.

(2) DURING. The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission of, or in immediate flight from the commission of the underlying felony or attempt thereof.

(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2) and (3).

(4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).

(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).

(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL ACTIVITY. As used in Sections 13A-5-49(2) and 13A-5-51(1), these terms refer to events occurring before the date of the sentence hearing.

(7) UNDER SENTENCE OF IMPRISONMENT. As used in Section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other type of release or freedom while or after serving a term of imprisonment, other than unconditional release and freedom after expiration of the term of sentence.

(Acts 1981, No. 81-178, p. 203, §1; Act 2016-360, §1.)

Notes of Decisions

Cited in 67 cases (1 in the last 5 years), 1982–2024 · leading case: State v. Henderson, 144 So. 3d 1262 (Ala. 2013).

Sort: Relevance Newest Treatment

State v. Henderson, 144 So. 3d 1262 (Ala. 2013). · cites it 4× “It is with this in mind that we address whether the capital-murder indictments against the juveniles should be dismissed because only two punishments are permissible under § 13A-5-39, Ala.Code 1975, and neither the death penalty nor a mandatory sentence of life imprisonment…”

Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). · cites it 2× “"Section 13A-5-40(a)(3) defines a capital murder as `murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by…”

Sumner v. Shuman, 483 U.S. 66 (1987). · cites it 2× “607, § 9901, and current provision at Ala. Code §§ 13A-5-39 to 13A-5-59 (1982 and Supp.”

Coulter v. State, 438 So. 2d 336 (Ala. Crim. App. 1982). · cites it 3× “The procedures to be followed in the sentencing phase of the bifurcated jury trial in capital felony cases for conduct occurring before July 1, 1981 (the effective date of Alabama's new capital felony statute, §§ 13A-5-39 through -59, Code of Alabama 1975 ), are outlined in Beck…”

Baldwin v. Alabama, 472 U.S. 372 (1985). · cites it 2× “Ala. Code §§ 13A-5-39 to 13A-5-59 (1982).”

McNair v. State, 653 So. 2d 320 (Ala. Crim. App. 1992). · cites it 2× “" Ala.Code 1975, § 13A-5-39(7). The appellant argues that the conviction resulting from his nolo contendere plea was inadmissible to prove the aggravating circumstance.”

Roberts v. State, 735 So. 2d 1244 (Ala. Crim. App. 1998). · cites it 2× “§ 13A-5-39(2), Ala.Code 1975; Alabama Pattern Jury Instructions: Criminal (3d ed.”

Thompson v. Oklahoma, 487 U.S. 815 (1988). “[26] Alabama (see Ala. Code §§ 13A-5-39 13A-5-59, 13A-6-2 (1982 and Supp.”

Bush v. State, 431 So. 2d 555 (Ala. Crim. App. 1982). · cites it 2× “[2] Alabama Code §§ 13A-5-39 through 13A-5-59 (1975).”

Gavin v. State, 891 So. 2d 907 (Ala. Crim. App. 2003). “) Section 13A-5-39(7), Ala.Code 1975, defines the term "under sentence of imprisonment" as used in 13A-5-49(1) as "while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other…”

Tarver v. State, 500 So. 2d 1232 (Ala. Crim. App. 1986). · cites it 2× “The definition of the term "under sentence of imprisonment" states that "[A]s used in section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any…”

Stallworth v. State, 868 So. 2d 1128 (Ala. Crim. App. 2003). “Section 13A-5-39(7), defines "under sentence of imprisonment": "As used in Section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended *1174 sentence, while on probation or parole, or while on work release, furlough, escape, or any other…”

Show all 67 citing cases →

— Ala. Code § 13A-5-39(1) — 10 cases

McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001).

Ex Parte Colbert, 717 So. 2d 868 (Ala. Crim. App. 1998).

State v. Ameer, 2018 NMSC 30 (N.M. 2018).

State v. Woodard, 631 So. 2d 1065 (Ala. Crim. App. 1993).

Ex parte State of Alabama., 214 So. 3d 1147 (Ala. 2014).

— Ala. Code § 13A-5-39(2) — 16 cases

Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “"Section 13A-5-40(a)(3) defines a capital murder as `murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by…”

Roberts v. State, 735 So. 2d 1244 (Ala. Crim. App. 1998). “§ 13A-5-39(2), Ala.Code 1975; Alabama Pattern Jury Instructions: Criminal (3d ed.”

Calhoun v. State, 932 So. 2d 923 (Ala. Crim. App. 2005).

Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007).

Hooks v. State, 534 So. 2d 329 (Ala. Crim. App. 1987).

— Ala. Code § 13A-5-39(6) — 5 cases

Coulter v. State, 438 So. 2d 336 (Ala. Crim. App. 1982). “The procedures to be followed in the sentencing phase of the bifurcated jury trial in capital felony cases for conduct occurring before July 1, 1981 (the effective date of Alabama's new capital felony statute, §§ 13A-5-39 through -59, Code of Alabama 1975 ), are outlined in Beck…”

Smith v. State, 698 So. 2d 189 (Ala. Crim. App. 1996).

Perkins v. State, 808 So. 2d 1041 (Ala. Crim. App. 1999).

Donald Dwayne Whatley v. State of Alabama., 146 So. 3d 437 (Ala. Crim. App. 2010).

Mills v. State, 62 So. 3d 553 (Ala. Crim. App. 2008).

— Ala. Code § 13A-5-39(7) — 8 cases

McNair v. State, 653 So. 2d 320 (Ala. Crim. App. 1992). “" Ala.Code 1975, § 13A-5-39(7). The appellant argues that the conviction resulting from his nolo contendere plea was inadmissible to prove the aggravating circumstance.”

Tarver v. State, 500 So. 2d 1232 (Ala. Crim. App. 1986). “The definition of the term "under sentence of imprisonment" states that "[A]s used in section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any…”

McMillian v. State, 594 So. 2d 1253 (Ala. Crim. App. 1991).

— Ala. Code § 13A-5-39(a) — 2 cases

State v. Henderson, 144 So. 3d 1262 (Ala. 2013). “It is with this in mind that we address whether the capital-murder indictments against the juveniles should be dismissed because only two punishments are permissible under § 13A-5-39, Ala.Code 1975, and neither the death penalty nor a mandatory sentence of life imprisonment…”

Click v. State, 215 So. 3d 1189 (Ala. Crim. App. 2016).

— Ala. Code § 13A-5-39(l) — 4 cases

Davis v. Jones, 441 F. Supp. 2d 1138 (M.D. Ala. 2006).

Kennon v. Hill, 44 F.3d 904 (10th Cir. 1995).

McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2000).

Ex parte State of Alabama., 214 So. 3d 1147 (Ala. 2014).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.