Ex Parte Lewis

WOODALL, Justice.

Michael Jerome Lewis was convicted of the capital murder of Timothy John Kaye. The murder was made capital because it was committed “during a kidnapping in the first degree or an attempt thereof.” § 13A-5-40(a)(l), Ala.Code 1975. The jury recommended, by a vote of 10-2, that Lewis be sentenced to death, and the trial court sentenced him to death.

Initially, the Court of Criminal Appeals remanded the case for further action by the trial court regarding Lewis’s claim that the State had violated Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), by using its…