Ex Parte Hammonds

Artez Hammonds was convicted of capital murder for the killing of Marilyn Mitchell. The murder was made capital because it was committed during the course of a rape. See §13A-5-40(a)(3), Ala. Code 1975. The jury unanimously recommended that Hammonds be sentenced to death. The trial court accepted the jury's recommendation and sentenced Hammonds to death. The Court of Criminal Appeals affirmed the conviction and the death sentence. See Hammonds v. State, 777 So.2d 750 (Ala.Crim.App. 1999). We granted certiorari review. See Rule 39, Ala.R.App.P.

We have carefully read the briefs and have…