[Download] "Stewart V. State" by Court of Criminal Appeals of Alabama " eBook PDF Kindle ePub Free
eBook details
- Title: Stewart V. State
- Author : Court of Criminal Appeals of Alabama
- Release Date : January 22, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 97 KB
Description
The appellant, Charles Randall Stewart, was convicted of murder, made capital because the murder was committed during the course of a burglary and a kidnapping, see ร§ 13A-5-40(1) and ร§ 13A-5-40(4), Code of Alabama 1975. By a vote of 10 to 2, the jury recommended that the appellant be sentenced to death. The trial court accepted the jurys recommendation and sentenced the appellant to death by electrocution. On appeal, we initially remanded this case to the circuit Court for Talladega County so that that court could vacate four of the counts of capital murder and hold a hearing on the appellants allegations concerning one of the jurors. See Stewart v. State, 601 So.2d 491 (Ala.Cr.App. 1992). The trial court complied with our directions, vacated four counts, and found no juror bias. We affirmed the conviction and the sentence of death on return to remand. Stewart v. State, 659 So.2d 120 (Ala.Cr.App. 1992). The Alabama Supreme Court affirmed the appellants conviction but vacated the sentence and ordered a new penalty phase hearing. Ex parte Stewart 659 So.2d 122 (Ala. 1993). After remand from the Alabama Supreme Court, we remanded the case to the circuit Court for Talladega County so that that court could hold a new sentencing hearing. Stewart v. State, 659 So.2d 129 (Ala.Cr.App. 1994). This case is now on return to remand to this court after the penalty phase hearing was held in response to our instruction.