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Stewart v. State

Citations: 659 So. 2d 129; 1994 Ala. Crim. App. LEXIS 55; 1994 WL 37930Docket: CR-90-415

Court: Court of Criminal Appeals of Alabama; February 10, 1994; Alabama; State Appellate Court

Narrative Opinion Summary

The Supreme Court of Alabama directed the appellate court to affirm the appellant's conviction for capital murder while reversing the death sentence. The court remanded the case for a new sentencing hearing to be conducted before a jury. A return is to be filed with the court promptly. The decision was unanimously agreed upon by all judges involved.

Legal Issues Addressed

Appellate Review of Convictions

Application: The Supreme Court of Alabama upheld the appellate court's decision affirming the appellant's conviction for capital murder.

Reasoning: The Supreme Court of Alabama directed the appellate court to affirm the appellant's conviction for capital murder...

Requirement for Prompt Judicial Action on Remand

Application: The court required that a return be filed promptly with the Supreme Court following the new sentencing hearing.

Reasoning: A return is to be filed with the court promptly.

Reversal of Death Sentence and Remand for Resentencing

Application: The court reversed the death sentence and ordered a new sentencing hearing to be conducted before a jury.

Reasoning: ...while reversing the death sentence. The court remanded the case for a new sentencing hearing to be conducted before a jury.

Unanimity of Judicial Decisions

Application: The decision of the Supreme Court of Alabama was agreed upon unanimously by all judges involved.

Reasoning: The decision was unanimously agreed upon by all judges involved.