Lee v. State

PATTERSON, Judge.

Delester Lee appeals from his second conviction for the murder of Howard Stabler, and his sentence to life imprisonment. In Lee v. State, 631 So.2d 1059 (Ala.Cr.App.1993), this court reversed Lee’s first conviction on this charge. In the instant appeal, Lee raises five issues for review.

I

Lee contends, as in his prior appeal, that the trial court selected the grand jury foreperson in a racially discriminatory manner. We reversed his prior conviction on these grounds, holding that Lee presented unre-butted evidence regarding the three criteria set out in Johnson v. Puckett, 929…