Smith v. State

For the reasons set forth in this court’s opinion on return to third remand, see Smith v. State, 213 So.3d 226, 228 (Ala.2006) (opinion on return to third remand), and for the additional reasons set forth in this dissent, I adhere to my belief that the appellant is mentally retarded and therefore not eligible for the death penalty. Therefore, I respectfully dissent.

During the hearing on remand, the parties incorporated all of the evidence and testimony from the previous proceedings related to this case. That information is covered extensively in the previous opinions regarding this case.

In…