Beck v. State

On Return To Remand

TYSON, Judge.

During June — July, 1977, Gilbert Franklin Beck was convicted of capital murder pursuant to § 13-ll-2(a)(2), Code of Alabama 1975 and sentenced to death. His conviction was affirmed by this court, Beck v. State, 365 So.2d 985 (Ala.Cr.App.1978), and by the Alabama Supreme Court, Esc Parte Beck, 365 So.2d 1006 (Ala.1978); however, his conviction was overturned by the United States Supreme Court, Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), which held the “preclusion clause” of the Alabama Death Penalty Act to be unconstitutional.

The…