Ala. Code
Code of Alabama

Ala. Code § 13A-5-40 (2026)

Capital Offenses. (Amended by Act 2026-55)

✓ official Alabama Legislature (ALISON) text, current July 2026
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AMENDED BY ACT 2026-55, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The following are capital offenses:

(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.

(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.

(3) 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 the defendant.

(4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.

(5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.

(6) Murder committed while the defendant is under sentence of life imprisonment.

(7) Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.

(8) Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.

(9) Murder by the defendant during arson in the first or second degree committed by the defendant; or murder by the defendant by means of explosives or explosion.

(10) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(11) Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.

(12) Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of the aircraft or any passenger or crewmen thereon, to direct the route or movement of the aircraft, or otherwise exert control over the aircraft.

(13) Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b); and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.

(14) Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.

(15) Murder when the victim is less than fourteen years of age.

(16) Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.

(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.

(18) Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.

(19) Murder by the defendant where a court had issued a protective order for the victim, against the defendant, pursuant to Section 30-5-1 et seq., or the protective order was issued as a condition of the defendant’s pretrial release.

(20) Murder by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For purposes of this subsection, “in the presence of a child” means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.

(21) Murder when the victim is a first responder who is operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health and firefighters and volunteer firefighters as defined by Section 36-32-1.

(b) Except as specifically provided to the contrary in the last part of subdivision (a)(13), the terms “murder” and “murder by the defendant” as used in this section to define capital offenses mean murder as defined in Section 13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and (3). Subject to the provisions of Section 13A-5-41, murder as defined in Section 13A-6-2(a)(2) and (3), as well as murder as defined in Section 13A-6-2(a)(1), may be a lesser included offense of the capital offenses defined in subsection (a).

(c) A defendant who does not personally commit the act of killing which constitutes the murder is not guilty of a capital offense defined in subsection (a) unless that defendant is legally accountable for the murder because of complicity in the murder itself under the provisions of Section 13A-2-23, in addition to being guilty of the other elements of the capital offense as defined in subsection (a).

(d) To the extent that a crime other than murder is an element of a capital offense defined in subsection (a), a defendant’s guilt of that other crime may also be established under Section 13A-2-23. When the defendant’s guilt of that other crime is established under Section 13A-2-23, that crime shall be deemed to have been “committed by the defendant” within the meaning of that phrase as it is used in subsection (a).

(Acts 1981, No. 81-178, p. 203, §2; Acts 1982, No. 82-567, p. 945, §1; Acts 1987, No. 87-709, p. 1252, §3; Acts 1992, No. 92-601, p. 1247, §1; Acts 1994, No. 94-649, §1; Act 2014-435, p. 1610, §2; Act 2018-537, §2; Act 2019-514, §2.)

Notes of Decisions
Cited in 825 cases (60 in the last 5 years), 1982–2026 · leading case: Ex Parte Waldrop, 859 So. 2d 1181 (Ala. 2002).
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Ex Parte Waldrop, 859 So. 2d 1181 (Ala. 2002). · cites it 18× “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). · cites it 17× “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "`For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
Johnson v. State, 823 So. 2d 1 (Ala. Crim. App. 2001). · cites it 16× “2d 123 (1994), this Court, in determining whether § 13A-5-40(a)(15), Ala. Code 1975 (murder of a child under the age of 14 years), sufficiently narrowed the class of "death-eligible" defendants, said: "`A capital sentencing scheme must, in short, provide a "`meaningful basis for…”
Blackmon v. State, 7 So. 3d 397 (Ala. Crim. App. 2006). · cites it 18× “The Supreme Court has held, in numerous cases, that the jury's verdict finding a defendant guilty of capital murder during the guilt phase of his trial indicated that the jury had unanimously found a proffered aggravating circumstance included within the § 13A-5-40(a), Ala.Code…”
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). · cites it 16× “Code 1975; (3) because it was committed during the course of a burglary in the first degree, see § 13A-5-40 (a)(4), Ala. Code 1975; and (4) because Brett Bowyer was less than 14 years of age at the time of his death, see § 13A-5-40(a)(15), Ala.”
McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001). · cites it 25× “The specific forms of conduct that the legislature has declared to be "capital offenses" are set forth in § 13A-5-40 (Supp.1993). Each of these offenses consists of an intentional murder coupled with some other element.”
Dotch v. State, 67 So. 3d 936 (Ala. Crim. App. 2010). · cites it 19× “[[Image here]] [[Image here]] “ ‘ “[T]he legislature has clearly classified certain crimes as ‘capital offenses,’ § 13A-5-40, and it has set the minimum punishment for such crimes as imprisonment for life without parole, see §§ 13A-5-45(f); 13A-5-46(e)(l).”
Clark v. State, 896 So. 2d 584 (Ala. Crim. App. 2003). · cites it 12× “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "`For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
McNabb v. State, 887 So. 2d 929 (Ala. Crim. App. 2003). · cites it 11× “In Ex parte Waldrop, supra, the Alabama Supreme Court recognized that "[m]any capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49.”
Dorsey v. State, 881 So. 2d 460 (Ala. Crim. App. 2002). · cites it 19× “Alabama's capital murder statute, § 13A-5-40, requires a specific intent to kill that is not necessary to convict for felony murder.”
Whitehead v. State, 777 So. 2d 781 (Ala. Crim. App. 1999). · cites it 16× “By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of…”
Ex Parte McGriff, 908 So. 2d 1024 (Ala. 2005). · cites it 12× “Section 13A-5-45(f) applies to a defendant who has been found guilty of a capital offense as defined in § 13A-5-40. Section 13A-5-45(f) provides: "Unless at least one aggravating circumstance as defined in Section 13A-5-49 exists, the sentence shall be life imprisonment without…”
Show all 825 citing cases →
— Ala. Code § 13A-5-40(10) — 5 cases
Dorsey v. State, 881 So. 2d 460 (Ala. Crim. App. 2002). “Alabama's capital murder statute, § 13A-5-40, requires a specific intent to kill that is not necessary to convict for felony murder.”
Williams v. State, 710 So. 2d 1276 (Ala. Crim. App. 1996).
Smith v. State, 213 So. 3d 108 (Ala. Crim. App. 2000).
Wilson v. State, 777 So. 2d 856 (Ala. Crim. App. 1999).
Smith v. State, 213 So. 3d 255 (Ala. Crim. App. 2007).
— Ala. Code § 13A-5-40(14) — 2 cases
Johnson v. State, 120 So. 3d 1130 (Ala. Crim. App. 2009).
Shonda Nicole Johnson v. State., 120 So. 3d 1100 (Ala. Crim. App. 2005).
— Ala. Code § 13A-5-40(15) — 6 cases
Ex Parte Waldrop, 859 So. 2d 1181 (Ala. 2002). “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
Dorsey v. State, 881 So. 2d 460 (Ala. Crim. App. 2002). “Alabama's capital murder statute, § 13A-5-40, requires a specific intent to kill that is not necessary to convict for felony murder.”
Ex Parte Lucas, 792 So. 2d 1169 (Ala. 2000).
Ferguson v. State, 814 So. 2d 925 (Ala. Crim. App. 2000).
Ward v. State, 228 So. 3d 490 (Ala. Crim. App. 2017).
— Ala. Code § 13A-5-40(17) — 4 cases
Dotch v. State, 67 So. 3d 936 (Ala. Crim. App. 2010). “[[Image here]] [[Image here]] “ ‘ “[T]he legislature has clearly classified certain crimes as ‘capital offenses,’ § 13A-5-40, and it has set the minimum punishment for such crimes as imprisonment for life without parole, see §§ 13A-5-45(f); 13A-5-46(e)(l).”
McKinney v. Bolling (N.D. Ala. 2020).
Benjamin Young v. State of Alabama (Ala. Crim. App. 2023).
Antonio Deandre Hawkins v. State of Alabama (Ala. Crim. App. 2026).
— Ala. Code § 13A-5-40(18) — 4 cases
Ex Parte McGriff, 908 So. 2d 1024 (Ala. 2005). “Section 13A-5-45(f) applies to a defendant who has been found guilty of a capital offense as defined in § 13A-5-40. Section 13A-5-45(f) provides: "Unless at least one aggravating circumstance as defined in Section 13A-5-49 exists, the sentence shall be life imprisonment without…”
McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001). “The specific forms of conduct that the legislature has declared to be "capital offenses" are set forth in § 13A-5-40 (Supp.1993). Each of these offenses consists of an intentional murder coupled with some other element.”
Russell v. State, 886 So. 2d 123 (Ala. Crim. App. 2003).
McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2000).
— Ala. Code § 13A-5-40(2) — 15 cases
Stallworth v. State, 868 So. 2d 1128 (Ala. Crim. App. 2003).
Hallford v. State, 548 So. 2d 526 (Ala. Crim. App. 1988).
Hagood v. State, 777 So. 2d 162 (Ala. Crim. App. 1998).
Ex Parte Arthur, 472 So. 2d 665 (Ala. 1985).
Whitehead v. State, 777 So. 2d 781 (Ala. Crim. App. 1999). “By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of…”
— Ala. Code § 13A-5-40(3) — 3 cases
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001).
Calhoun v. State, 261 So. 3d 457 (Ala. Crim. App. 2016).
Calhoun v. State, 261 So. 3d 457 (Ala. Crim. App. 2016).
— Ala. Code § 13A-5-40(4) — 4 cases
Whitehead v. State, 777 So. 2d 781 (Ala. Crim. App. 1999). “By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of…”
Hutcherson v. State, 677 So. 2d 1174 (Ala. Crim. App. 1994).
Calhoun v. State, 261 So. 3d 457 (Ala. Crim. App. 2016).
Calhoun v. State, 261 So. 3d 457 (Ala. Crim. App. 2016).
— Ala. Code § 13A-5-40(6) — 1 case
Whitehead v. State, 777 So. 2d 781 (Ala. Crim. App. 1999). “By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of…”
— Ala. Code § 13A-5-40(7) — 4 cases
Sockwell v. State, 675 So. 2d 4 (Ala. Crim. App. 1993).
Ex Parte Sockwell, 675 So. 2d 38 (Ala. 1995).
Lundy v. State, 539 So. 2d 324 (Ala. Crim. App. 1988).
State v. Martin, 4 So. 3d 1196 (Ala. Crim. App. 2008).
— Ala. Code § 13A-5-40(8) — 1 case
Kelley v. State, 246 So. 3d 1032 (Ala. Crim. App. 2014).
— Ala. Code § 13A-5-40(9) — 9 cases
Parker v. State, 119 So. 3d 987 (Miss. 2013).
Commonwealth v. Brown, 1 N.E.3d 259 (Mass. 2013).
People v. Edwards, 2015 IL App (3d) 130190 (Ill. App. Ct. 2015).
People v. Edwards, 2017 IL App (3d) 130190-B (Ill. App. Ct. 2017).
People v. Edwards, 2015 IL App (3d) 130190 (Ill. App. Ct. 2015).
— Ala. Code § 13A-5-40(A)(1) — 1 case
Broadnax v. State, 825 So. 2d 134 (Ala. Crim. App. 2000).
— Ala. Code § 13A-5-40(A)(17) — 1 case
McMillan v. State, 139 So. 3d 184 (Ala. Crim. App. 2010).
— Ala. Code § 13A-5-40(A)(7) — 1 case
Nash v. State, 229 So. 3d 1112 (Ala. Crim. App. 2017).
— Ala. Code § 13A-5-40(S)(15) — 1 case
Broadnax v. State, 825 So. 2d 134 (Ala. Crim. App. 2000).
— Ala. Code § 13A-5-40(a) — 89 cases
Ex Parte McGriff, 908 So. 2d 1024 (Ala. 2005). “Section 13A-5-45(f) applies to a defendant who has been found guilty of a capital offense as defined in § 13A-5-40. Section 13A-5-45(f) provides: "Unless at least one aggravating circumstance as defined in Section 13A-5-49 exists, the sentence shall be life imprisonment without…”
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). “Code 1975; (3) because it was committed during the course of a burglary in the first degree, see § 13A-5-40 (a)(4), Ala. Code 1975; and (4) because Brett Bowyer was less than 14 years of age at the time of his death, see § 13A-5-40(a)(15), Ala.”
Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992).
Sharifi v. State, 993 So. 2d 907 (Ala. Crim. App. 2008).
Maples v. State, 758 So. 2d 1 (Ala. Crim. App. 1999).
— Ala. Code § 13A-5-40(a)(1) — 78 cases
Ingram v. State, 779 So. 2d 1225 (Ala. Crim. App. 1999).
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "`For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
Ex Parte Ingram, 51 So. 3d 1119 (Ala. 2010).
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). “Code 1975; (3) because it was committed during the course of a burglary in the first degree, see § 13A-5-40 (a)(4), Ala. Code 1975; and (4) because Brett Bowyer was less than 14 years of age at the time of his death, see § 13A-5-40(a)(15), Ala.”
Breckenridge v. State, 628 So. 2d 1012 (Ala. Crim. App. 1993).
— Ala. Code § 13A-5-40(a)(10) — 153 cases
Shaw v. State, 207 So. 3d 79 (Ala. Crim. App. 2014).
Williams v. State, 710 So. 2d 1276 (Ala. Crim. App. 1996).
Ex Parte Waldrop, 859 So. 2d 1181 (Ala. 2002). “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
Lee v. State, 898 So. 2d 790 (Ala. Crim. App. 2003).
McGowan v. State, 990 So. 2d 931 (Ala. Crim. App. 2005).
— Ala. Code § 13A-5-40(a)(11) — 2 cases
Moody v. State, 888 So. 2d 532 (Ala. Crim. App. 2003).
Ex Parte Murry, 455 So. 2d 72 (Ala. 1984).
— Ala. Code § 13A-5-40(a)(13) — 27 cases
Carroll v. State, 599 So. 2d 1253 (Ala. Crim. App. 1992).
Arthur v. State, 711 So. 2d 1031 (Ala. Crim. App. 1996).
Ex Parte Arthur, 472 So. 2d 665 (Ala. 1985).
Gavin v. State, 891 So. 2d 907 (Ala. Crim. App. 2003).
Ex Parte Peraita, 897 So. 2d 1227 (Ala. 2004).
— Ala. Code § 13A-5-40(a)(14) — 8 cases
Whitehead v. State, 777 So. 2d 781 (Ala. Crim. App. 1999). “By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of…”
State v. Dean, 940 So. 2d 1077 (Ala. Crim. App. 2006).
Dotch v. State, 67 So. 3d 936 (Ala. Crim. App. 2010). “[[Image here]] [[Image here]] “ ‘ “[T]he legislature has clearly classified certain crimes as ‘capital offenses,’ § 13A-5-40, and it has set the minimum punishment for such crimes as imprisonment for life without parole, see §§ 13A-5-45(f); 13A-5-46(e)(l).”
Johnson v. State, 120 So. 3d 1130 (Ala. Crim. App. 2009).
Ex Parte State, 1041313 (Ala. 10-6-2006), 120 So. 3d 1119 (Ala. 2006).
— Ala. Code § 13A-5-40(a)(15) — 73 cases
Blackmon v. State, 7 So. 3d 397 (Ala. Crim. App. 2006). “The Supreme Court has held, in numerous cases, that the jury's verdict finding a defendant guilty of capital murder during the guilt phase of his trial indicated that the jury had unanimously found a proffered aggravating circumstance included within the § 13A-5-40(a), Ala.Code…”
Gobble v. State, 104 So. 3d 920 (Ala. Crim. App. 2010).
Johnson v. State, 823 So. 2d 1 (Ala. Crim. App. 2001). “2d 123 (1994), this Court, in determining whether § 13A-5-40(a)(15), Ala. Code 1975 (murder of a child under the age of 14 years), sufficiently narrowed the class of "death-eligible" defendants, said: "`A capital sentencing scheme must, in short, provide a "`meaningful basis for…”
Dorsey v. State, 881 So. 2d 460 (Ala. Crim. App. 2002). “Alabama's capital murder statute, § 13A-5-40, requires a specific intent to kill that is not necessary to convict for felony murder.”
Boyle v. State, 154 So. 3d 171 (Ala. Crim. App. 2013).
— Ala. Code § 13A-5-40(a)(16) — 9 cases
Phillips v. State, 65 So. 3d 971 (Ala. Crim. App. 2010).
Catlin v. State, 72 So. 3d 606 (Ala. 2011).
Doster v. State, 72 So. 3d 50 (Ala. Crim. App. 2010).
Perkins v. State, 897 So. 2d 457 (Ala. Crim. App. 2004).
Harris v. State, 677 So. 2d 1211 (Ala. Crim. App. 1995).
— Ala. Code § 13A-5-40(a)(17) — 46 cases
Dotch v. State, 67 So. 3d 936 (Ala. Crim. App. 2010). “[[Image here]] [[Image here]] “ ‘ “[T]he legislature has clearly classified certain crimes as ‘capital offenses,’ § 13A-5-40, and it has set the minimum punishment for such crimes as imprisonment for life without parole, see §§ 13A-5-45(f); 13A-5-46(e)(l).”
McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001). “The specific forms of conduct that the legislature has declared to be "capital offenses" are set forth in § 13A-5-40 (Supp.1993). Each of these offenses consists of an intentional murder coupled with some other element.”
McMillan v. State, 139 So. 3d 184 (Ala. Crim. App. 2010).
Key v. State, 891 So. 2d 353 (Ala. Crim. App. 2002).
McNabb v. State, 887 So. 2d 929 (Ala. Crim. App. 2003). “In Ex parte Waldrop, supra, the Alabama Supreme Court recognized that "[m]any capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49.”
— Ala. Code § 13A-5-40(a)(18) — 32 cases
McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001). “The specific forms of conduct that the legislature has declared to be "capital offenses" are set forth in § 13A-5-40 (Supp.1993). Each of these offenses consists of an intentional murder coupled with some other element.”
Merrill v. State, 741 So. 2d 1099 (Ala. Crim. App. 1998).
Woodward v. State, 123 So. 3d 989 (Ala. Crim. App. 2011).
Jackson v. State, 177 So. 3d 911 (Ala. Crim. App. 2014).
Ex Parte McGriff, 908 So. 2d 1024 (Ala. 2005). “Section 13A-5-45(f) applies to a defendant who has been found guilty of a capital offense as defined in § 13A-5-40. Section 13A-5-45(f) provides: "Unless at least one aggravating circumstance as defined in Section 13A-5-49 exists, the sentence shall be life imprisonment without…”
— Ala. Code § 13A-5-40(a)(19) — 2 cases
Christopher Matthew Henderson v. State of Alabama. (Appeal from Madison Circuit Court: CC-17-3064). (Ala. Crim. App. 2024).
Brandon Deshawn Webster v. State of Alabama (Appeal from Montgomery Circuit Court: CC-22-148) (Ala. Crim. App. 2025).
— Ala. Code § 13A-5-40(a)(2) — 372 cases
Ex Parte Waldrop, 859 So. 2d 1181 (Ala. 2002). “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
Clark v. State, 896 So. 2d 584 (Ala. Crim. App. 2003). “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "`For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996).
Wilson v. State, 142 So. 3d 732 (Ala. Crim. App. 2010).
Revis v. State, 101 So. 3d 247 (Ala. Crim. App. 2011).
— Ala. Code § 13A-5-40(a)(2)(1975) — 1 case
Thomas J. Fortenberry v. Michael W. Haley, 297 F.3d 1213 (11th Cir. 2002).
— Ala. Code § 13A-5-40(a)(3) — 56 cases
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “Many capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49: "`For example, the capital offenses of intentional murder during a rape, § 13A-5-40(a)(3), intentional murder during a…”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001).
Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003).
Hutcherson v. State, 677 So. 2d 1174 (Ala. Crim. App. 1994).
White v. State, 179 So. 3d 170 (Ala. Crim. App. 2013).
— Ala. Code § 13A-5-40(a)(4) — 127 cases
Ex Parte Land, 678 So. 2d 224 (Ala. 1996).
Ex Parte Gentry, 689 So. 2d 916 (Ala. 1996).
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). “Code 1975; (3) because it was committed during the course of a burglary in the first degree, see § 13A-5-40 (a)(4), Ala. Code 1975; and (4) because Brett Bowyer was less than 14 years of age at the time of his death, see § 13A-5-40(a)(15), Ala.”
Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992).
Shaw v. State, 207 So. 3d 79 (Ala. Crim. App. 2014).
— Ala. Code § 13A-5-40(a)(40) — 1 case
Ex Parte Carruth, 21 So. 3d 770 (Ala. 2009).
— Ala. Code § 13A-5-40(a)(5) — 32 cases
Johnson v. State, 823 So. 2d 1 (Ala. Crim. App. 2001). “2d 123 (1994), this Court, in determining whether § 13A-5-40(a)(15), Ala. Code 1975 (murder of a child under the age of 14 years), sufficiently narrowed the class of "death-eligible" defendants, said: "`A capital sentencing scheme must, in short, provide a "`meaningful basis for…”
McNabb v. State, 887 So. 2d 929 (Ala. Crim. App. 2003). “In Ex parte Waldrop, supra, the Alabama Supreme Court recognized that "[m]any capital offenses listed in Ala.Code 1975, § 13A-5-40, include conduct that clearly corresponds to certain aggravating circumstances found in § 13A-5-49.”
Ex Parte Murry, 455 So. 2d 72 (Ala. 1984).
Woods v. State, 13 So. 3d 1 (Ala. Crim. App. 2007).
Ex Parte McNabb, 887 So. 2d 998 (Ala. 2004).
— Ala. Code § 13A-5-40(a)(6) — 10 cases
Ex Parte Peraita, 897 So. 2d 1227 (Ala. 2004).
Henderson v. State, 248 So. 3d 992 (Ala. Crim. App. 2017).
Carroll v. State, 215 So. 3d 1135 (Ala. Crim. App. 2015).
Rogers v. State, 630 So. 2d 78 (Ala. Crim. App. 1991).
Benn v. State, 211 So. 3d 857 (Ala. Crim. App. 2016).
— Ala. Code § 13A-5-40(a)(7) — 49 cases
Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991).
Henderson v. State, 584 So. 2d 841 (Ala. Crim. App. 1990).
Arthur v. State, 711 So. 2d 1031 (Ala. Crim. App. 1996).
Lawhorn v. Allen, 519 F.3d 1272 (11th Cir. 2008).
Sockwell v. State, 675 So. 2d 4 (Ala. Crim. App. 1993).
— Ala. Code § 13A-5-40(a)(8) — 13 cases
Kelley v. State, 246 So. 3d 1032 (Ala. Crim. App. 2014).
Simmons v. State, 797 So. 2d 1134 (Ala. Crim. App. 2000).
McGahee v. State, 554 So. 2d 473 (Ala. 1989).
McGahee v. Alabama Dep't of Corr., 560 F.3d 1252 (11th Cir. 2009).
Jones v. State, 43 So. 3d 1258 (Ala. Crim. App. 2007).
— Ala. Code § 13A-5-40(a)(9) — 21 cases
Miller v. Alabama, 132 S. Ct. 2455 (2012).
Moody v. State, 888 So. 2d 532 (Ala. Crim. App. 2003).
Miller v. State, 63 So. 3d 676 (Ala. Crim. App. 2010).
State of Arizona v. Martin Raul Soto-Fong, 474 P.3d 34 (Ariz. 2020).
Wimbley v. State, 191 So. 3d 176 (Ala. Crim. App. 2014).
— Ala. Code § 13A-5-40(a)(l) — 32 cases
Lewis v. State, 24 So. 3d 480 (Ala. Crim. App. 2007).
Lewis v. State, 57 So. 3d 807 (Ala. Crim. App. 2009).
Martin v. State, 62 So. 3d 1050 (Ala. Crim. App. 2010).
Heath v. Alabama, 474 U.S. 82 (1985).
Ex parte Bohannon, 222 So. 3d 525 (Ala. 2016).
— Ala. Code § 13A-5-40(a)(ll) — 1 case
Moody v. State, 95 So. 3d 827 (Ala. Crim. App. 2011).
— Ala. Code § 13A-5-40(b) — 24 cases
Peoples v. State, 951 So. 2d 755 (Ala. Crim. App. 2006).
Williams v. State, 710 So. 2d 1276 (Ala. Crim. App. 1996).
Ex Parte McGriff, 908 So. 2d 1024 (Ala. 2005). “Section 13A-5-45(f) applies to a defendant who has been found guilty of a capital offense as defined in § 13A-5-40. Section 13A-5-45(f) provides: "Unless at least one aggravating circumstance as defined in Section 13A-5-49 exists, the sentence shall be life imprisonment without…”
Sharifi v. State, 993 So. 2d 907 (Ala. Crim. App. 2008).
Townes v. State, 253 So. 3d 447 (Ala. Crim. App. 2015).
— Ala. Code § 13A-5-40(c) — 3 cases
Woods v. State, 13 So. 3d 1 (Ala. Crim. App. 2007).
Hodges v. State, 147 So. 3d 916 (Ala. Crim. App. 2007).
Travis v. State, 776 So. 2d 819 (Ala. Crim. App. 1997).
— Ala. Code § 13A-5-40(á)(18) — 1 case
State v. Jenkins, 185 So. 3d 490 (Ala. Crim. App. 2014).
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