White v. State

I concur in all parts of the main opinion except Part XV; as to Part XV, I concur in the result. .

In his brief to this Court, Justin White argued:

“Each of the three times the court discussed the weighing process,' however, it merely instructed the jury to weigh the aggravating and mitigating circumstances against each other, without providing the guidance required by [§ 13A-5-46(e)(3), Ala.Code 1975,] on how jurors should vote once they complete the weighing process. (R. 629, 717, 727.) The trial court’s failure constitutes plain error because it prevented jurors from understanding¡ when they…