Johnson v. State

Kenneth Earl Johnson was indicted and convicted for the capital offenses of murder during a robbery [Ala. Code 1975, §13A-5-40 (a)(2)] and murder during a burglary [§ 13A-5-40 (a)(4)]. The trial court rejected the jury's recommendation of death and sentenced Johnson to life imprisonment without parole, finding that the jury's recommendation was the result of either "a lack of understanding or an erroneous application in balancing the aggravating and mitigating circumstances as provided by law" or "an overpowering argument by the State, seeking the death penalty in an extremely brutal murder…