Hart v. State

The appellant, Gary Davis Hart II, appeals the circuit court's order setting aside his sentence of death pursuant toRoper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183,161 L.Ed.2d 1 (2005), and sentencing him to life in the penitentiary without the possibility of parole.

In 1990, Hart was convicted of capital murder for the killing of Todd Evans during the course of a robbery. He was sentenced to death. Hart's conviction and his sentence were affirmed on direct appeal. Hart v. State,612 So.2d 520 (Ala.Crim.App. 1992), aff'd, 612 So.2d 536 (Ala. 1993).

Hart also filed a petition for postconviction…