(Download) "Mitchell Rutledge v. State" by Court of Criminal Appeals of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Mitchell Rutledge v. State
- Author : Court of Criminal Appeals of Alabama
- Release Date : January 28, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 90 KB
Description
PATTERSON, JUDGE This case was remanded to the Circuit Court of Lee County, Alabama, on January 22, 1985, for a new sentencing hearing. Appellant, Mitchell Rutledge, had previously been convicted on June 3, 1981, of the capital offense of robbery when the victim is intentionally killed, in violation of § 13A-5-31(a)(2), Code of Alabama (Supp. 1978) (repealed July 1, 1981), 1 and sentenced to death. The crime for which he was convicted was committed on December 23, 1980. On appeal, this court affirmed appellant's conviction and sentence with opinion on August 16, 1983. Rutledge v. State, 482 So.2d 1250 (Ala.Cr.App. 1983). The facts of the case are set out in that opinion. Id. at 1252-53. The Alabama Supreme Court issued a writ of certiorari pursuant to A.R.A.P. 39(c) and, on September 7, 1984, affirmed appellant's conviction, but reversed our affirmance of appellant's sentence and remanded the case to this court with directions that we remand for a new sentencing hearing. (Rehearing denied, November 30, 1984.) Ex parte Rutledge, 482 So.2d 1262 (Ala. 1984). The reversal was predicated on the prosecutor's improper argument during the sentencing hearing to the effect that life without parole does not necessarily mean life without parole. Our supreme court condemned this argument as being contrary to law, and not a reply in kind, as had been held by the trial court and this court. On January 22, 1985, on authority of Ex parte Rutledge, we remanded the case to the trial court for a new sentencing hearing and directed that, upon completion of the new sentencing hearing, due return thereof be made to this court. Rutledge v. State, 482 So.2d 1269 (Ala.Cr.App. 1985).
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