State v. Stewart

Harwell, Justice:

Appellant was convicted of murder by a jury on March 12, 1983, and was sentenced to death upon the jury’s recommendation on March 14, 1983. On appeal to this Court, the conviction was affirmed, the death sentence was vacated, and the case was remanded for resentencing. On January 25, 1985, the resentencing jury returned a recommendation of death. The appellant was sentenced accordingly that same day. This case consolidates the appellant’s direct appeal and our mandatory review of the death sentence. We reverse and remand for resentencing.

During the retrial of the sentencing…