Ex Parte Smith

James Wyman Smith was indicted for capital murder committed during a kidnapping in the first degree, Ala. Code 1975, §13A-5-40(a)(1).1 The jury found Smith "guilty as charged in the indictment" and recommended that he be sentenced to death. The trial court, accepting the jury's recommendation, sentenced Smith to death. The Court of Criminal Appeals affirmed the judgment of the trial court, with an opinion, and we granted certiorari review.

On August 31, 1984, Linda Talbert was abducted from her place of employment — a convenience store in Smith's Station, a few miles northwest of Phenix City —…