Ex Parte Weeks

This is a death penalty case. The jury found Weeks guilty of an intentional killing during the course of a robbery, in violation of § 13A-5-40 (a)(2), Code of Alabama. Weeks waived the participation of the jury in the sentencing hearing and demanded that the judge sentence him to death, a request to which the judge ultimately acceded. The Court of Criminal Appeals, 456 So.2d 395, affirmed and we granted certiorari because the death penalty was imposed. A.R.A.P. 39 (c).

The deceased, a veterinary student at Tuskegee Institute, was first reported missing after he failed to appear at school on…