Code of Alabama
Ala. Code § 13A-5-52 (2026)
Mitigating Circumstances - Inclusion of Defendant’s Character, Record, Etc.
✓ official Alabama Legislature (ALISON) text, current July 2026
In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant’s character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, and any other relevant mitigating circumstance which the defendant offers as a basis for a sentence of life imprisonment without parole instead of death.
(Acts 1981, No. 81-178, §14.)
Notes of Decisions
Cited in 167
cases (9 in the last 5 years), 1982–2026 · leading case: Woods v. State, 13 So. 3d 1 (Ala. Crim. App. 2007).
Woods v. State, 13 So. 3d 1 (Ala. Crim. App. 2007). “' "§ 13A-5-52, Ala.Code 1975. "Our Supreme Court has previously stated: "`To determine the appropriate sentence, the sentencer must engage in a "broad inquiry into all relevant mitigating evidence to allow an individualized determination.”
Williams v. State, 710 So. 2d 1276 (Ala. Crim. App. 1996). “The appellant contends that the trial court's instruction to the jury on non-statutory mitigating circumstances which the jury should consider in sentencing him under § 13A-5-52 were improper because they allegedly inadequately guided the jury's consideration of the…”
Ingram v. State, 779 So. 2d 1225 (Ala. Crim. App. 1999). “Ingram contends that the trial court erred in sentencing him by failing to find and consider the existence of the statutory mitigating circumstance of his age at the time of the commission of the crime, § 13A-5-51(7), and by failing to find and consider any nonstatutory…”
Clark v. State, 896 So. 2d 584 (Ala. Crim. App. 2003). “Additionally, the trial court should enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in § 13A-5-49, each mitigating circumstance enumerated in § 13A-5-51, and any additional nonstatutory mitigating…”
Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991). “The findings of the trial court clearly show that it did not consider the conclusion reached by the author of the report, but specifically considered the existence or non-existence of non-statutory mitigating circumstances, including appellant's character and record, the…”
Gobble v. State, 104 So. 3d 920 (Ala. Crim. App. 2010). “Specifically, she argues that residual doubt is a circumstance under § 13A-5-52, Ala. Code 1975, that may be considered by the jury in sentencing.”
Gaddy v. State, 698 So. 2d 1100 (Ala. Crim. App. 1995). “"`In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life…”
Taylor v. State, 666 So. 2d 36 (Ala. Crim. App. 1994). “"In addition to the mitigating circumstances specified in section 13A-5-51, mitigating circumstances shall include any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment…”
Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996). “vating and mitigating circumstances; enter written findings of fact summarizing the crime and the defendant's participation in it; make specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in § 13A-5-49, each mitigating…”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). “In regard to any possible mitigating circumstances, the trial court's order states: "The Court finds that the defendant chose to adopt the testimony of his mother and former wife, offered during the penalty phase, as to his family status as mitigating factors pursuant to §…”
Hallford v. State, 548 So. 2d 526 (Ala. Crim. App. 1988). “§ 13A-5-52. Accordingly, we find that the testimony of Melinda Hallford that she had been having sexual intercourse with her father, appellant, was properly admitted.”
Borden v. State, 769 So. 2d 935 (Ala. Crim. App. 1998). “Code 1975, that it "enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in § 13A-5-49, each mitigating circumstance enumerated in § 13A-5-51, and any additional mitigating circumstances offered pursuant to §…”
— Ala. Code § 13A-5-52(b)(3) — 1 case
Marshall v. State, 20 So. 3d 830 (Ala. Crim. App. 2008).
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