Russell v. State

WELCH, Judge.

Ryan Gerald Russell was convicted of murder made capital because the victim was less than 14 years old. See § 13A-5-40(a)(15), Ala. Code 1975. During the penalty phase of the trial, the foreperson of the jury submitted to the court a verdict form reflecting that, by a unanimous vote, the jurors found that the State had proven beyond a reasonable doubt the aggravating circumstance that Russell's capital offense was especially heinous, atrocious, or cruel when compared to other capital offenses. See § 13A-5-49(8), Ala. Code 1975. The foreperson of the jury submitted to the court a…