Powell v. State

Timothy Powell was convicted of both counts of an indictment charging him with a capital offense involving the robbery and murder of Esther Herchenroeder, Ala. Code 1975, §13A-5-40(a)(2), and a capital offense involving the murder of Esther Herchenroeder during a burglary, § 13A-5-40(a)(4). Sentence was fixed at death. Powell raises seven issues on this appeal from that conviction. Because one of those issues, the prosecutor's striking of black jurors in violation of Batson v. Kentucky,476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), has merit and necessitates a reversal and remand for new…