Russell v. State

Antonio Dewan Russell was convicted of murder made capital because it occurred during the course of committing a theft, see §13A-5-40(a)(2), Ala. Code 1975. Russell was tried before a jury on the charge of capital murder based on the allegation that on April 4, 1995, he shot and killed Betty Daniel Huckeba during an armed robbery of Huckeba's Flea Market, located in Opelika.1 Following a guilty verdict, the trial court adjudicated Russell guilty and sentenced him to life imprisonment without the possibility of parole. Russell raises five issues on appeal.

I

Russell contends that he was denied a…