Smith v. State

On Remand from the Alabama Supreme Court

PATTERSON, Retired Appellate Judge.

The appellant, Jerry Jerome Smith, was convicted of “[mjurder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct,” § 13A-5-40(a)(10), Ala.Code 1975. The jury recommended, by a vote of 11 to 1, that the appellant be sentenced to death. After a sentencing hearing, the trial court sentenced the appellant to death.

*228On August 31, 2001, after twice remanding this case for the trial court to address deficiencies and errors in its sentencing order, this Court…