Code of Alabama
Ala. Code § 13A-5-44 (2026)
Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
(a) The selection of the jury for the trial of a capital case shall include the selection of at least two alternate jurors chosen according to procedures specified by law or court rule.
(b) The separation of the jury during the pendency of the trial of a capital case shall be governed by applicable law or court rule.
(c) Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided, however, before any such waiver is valid, it must affirmatively appear in the record that the defendant himself has freely waived his right to the participation of a jury in the sentence proceeding, after having been expressly informed of such right.
(Acts 1981, No. 81-178, p. 203, §6.)
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1985–2025 · leading case: Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003).
Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003). “The record and the court's order, when considered as a whole, are sufficient to show that § 13A-5-44(c) was complied with. As we stated in Thomas v.”
Belisle v. State, 11 So. 3d 256 (Ala. Crim. App. 2007). “Here, the record shows that the circuit court complied with the requirements of § 13A-5-44(c), Ala.Code 1975. 13 XXII. Belisle argues that the State erred in presenting victim-impact evidence during the sentencing hearing.”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). “In a hearing on August 20, 2000, and by written motion, both parties jointly moved the trial court to allow them to waive the right to a sentencing hearing before a jury, as provided in §§ 13A-5-44(c) and -46(a). The written motion, which is in the record, was signed by the…”
Ex Parte Giles, 632 So. 2d 577 (Ala. 1994). “Ala.Code 1975, § 13A-5-44 through § 13A-5-47 are general laws and relate to fixing punishment for crime.”
Drinkard v. State, 777 So. 2d 225 (Ala. Crim. App. 1998). “See § 13A-5-44(c) and 13A-5-46(a), Code of Alabama 1975.”
Woods v. State, 957 So. 2d 492 (Ala. Crim. App. 2004). “' Ala.Code 1975 § 13A-5-44(e); Ala. Code 1975 § 13A-5-50.”
Peraita v. State, 897 So. 2d 1161 (Ala. Crim. App. 2003). “Section 13A-5-44(c), Ala.Code 1975, provides: "Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in *1196 Section 13A-5-46.”
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016). “Although § 12-22-91 gives the State the right to appeal a lower court’s order holding unconstitutional the statute “under which the indictment or information is preferred,” as the State correctly argues the circuit court in this case did not hold unconstitutional the statute…”
Floyd v. State, 486 So. 2d 1309 (Ala. Crim. App. 1985). “We have reviewed that portion of the record pertaining to Floyd's waiver of jury participation and we find that Floyd was explicitly informed of his right to have the jury involved in the sentencing proceeding and that Floyd freely and intelligently waived that right.”
Knight v. State, 907 So. 2d 470 (Ala. Crim. App. 2005). “See § 13A-5-44, Ala.Code 1975. The circuit court then entered a new sentencing order and sentenced Knight to life imprisonment with the possibility of parole.”
Steven Lyle Lay v. State of Alabama., 82 So. 3d 9 (Ala. Crim. App. 2011). “Section 13A-5-46(a) provides: "(a) Unless both parties with the consent of the court waive the right to have the sentence hearing conducted before a jury as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return an advisory verdict.”
Donnie Lee Abernathy v. State of Alabama., No. CR-210275 (Ala. Crim. App. June 27, 2025). “See § 13A-5-44(c) and § 13A-5-46(a), Ala. Code 1975.”
Ala. Code § 13A-5-44(c): 8 cases
Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003). “The record and the court's order, when considered as a whole, are sufficient to show that § 13A-5-44(c) was complied with. As we stated in Thomas v.”
Belisle v. State, 11 So. 3d 256 (Ala. Crim. App. 2007). “Here, the record shows that the circuit court complied with the requirements of § 13A-5-44(c), Ala.Code 1975. 13 XXII. Belisle argues that the State erred in presenting victim-impact evidence during the sentencing hearing.”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). “In a hearing on August 20, 2000, and by written motion, both parties jointly moved the trial court to allow them to waive the right to a sentencing hearing before a jury, as provided in §§ 13A-5-44(c) and -46(a). The written motion, which is in the record, was signed by the…”
Drinkard v. State, 777 So. 2d 225 (Ala. Crim. App. 1998). “See § 13A-5-44(c) and 13A-5-46(a), Code of Alabama 1975.”
Peraita v. State, 897 So. 2d 1161 (Ala. Crim. App. 2003). “Section 13A-5-44(c), Ala.Code 1975, provides: "Notwithstanding any other provision of law, the defendant with the consent of the state and with the approval of the court may waive the participation of a jury in the sentence hearing provided in *1196 Section 13A-5-46.”
Ala. Code § 13A-5-44(e): 1 case
Woods v. State, 957 So. 2d 492 (Ala. Crim. App. 2004). “' Ala.Code 1975 § 13A-5-44(e); Ala. Code 1975 § 13A-5-50.”
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