Smith v. State

On September 1, 1995, the appellant, Corey Schirod Smith, was convicted of the capital offense of capital murder for the killing of Kimberly Ann Brooks. The murder was made capital because he committed it during the course of a kidnapping.See § 13A-5-40 (a)(1), Ala. Code 1975. The jury unanimously recommended that he be sentenced to death. On September 14, 1995, the trial court followed the jury's recommendation and sentenced him to death. We affirmed his conviction on direct appeal, see Smith v. State,797 So.2d 503 (Ala.Crim.App. 2000); the Alabama Supreme Court denied his petition for a…