Newman v. State

LONG, Presiding Judge.

Johnny Jesse Newman appeals from the trial court’s denial of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P. Newman was convicted in March 1992 of murder made capital because it was committed during a burglary. See § 13A-5-40(a)(4), Ala.Code 1975. He was sentenced to life in prison without the possibility of parole. On November 25, 1992, this court, in a 3-2 decision, reversed Newman’s conviction, finding that the state had violated Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), in its use of its peremptory…