Riley v. State

WISE, Presiding Judge.

The appellant, David Dwayne Riley, Jr., was convicted of capital murder for the killing of Scott Michael Kirtley. The murder was made capital because he committed it during the course of a first-degree *672robbery or an attempt thereof, a violation of § 13A-5-40(a)(2), Ala.Code 1975. The jury unanimously recommended that Riley be sentenced to death. The trial court followed the jury’s recommendation and sentenced him to death. Riley filed a motion for a new trial, which the trial court summarily denied. This appeal followed.

Because this is a case in which the death penalty…