Ex parte State

The majority grants the State’s petition for a writ of mandamus and, in doing so, holds that Alabama’s capital-sentencing scheme is constitutional under Hurst v. Florida, 577 U.S. —, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016). Although I agree with the rationale employed by the majority regarding the constitutional issue, I would not reach the constitutional issue because, in my view, the trial court lacked subject-matter jurisdiction to rule on that issue. Therefore, I concur in the result.

In J.L.N. v. State, 894 So.2d 751, 753-54 (Ala.2004), the Alabama Supreme Court held:

“ ‘Not all…