Summary
holding that the trial judge did not denigrate the jury's responsibility by repeatedly instructing the jury that its sentencing verdict was a recommendation
Summary of this case from Johnson v. StateOpinion
1030871.
June 25, 2004.
Petition for Writ of Certiorari to the Court of Criminal Appeals (Talladega Circuit Court, CC-96-132, Julian M. King, Judge; Court of Criminal Appeals, CR-99-1356).
Randall S. Susskind and Charlotte Morrison of Equal Justice Initiative of Alabama, Montgomery; Jeb S. Fannin, Talladega; and Mark Nelson, Talladega, for petitioner.
Troy King, atty. gen., and Stephen Shows, asst. atty. gen., for respondent.
The petition for the writ of certiorari is denied.
In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' October 31, 2003, opinion on remand from this Court. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).
WRIT DENIED.
HOUSTON, SEE, BROWN, and HARWOOD, JJ., concur.
LYONS, JOHNSTONE, and WOODALL, JJ., dissent.