Corey Schirod Smith v. State of Alabama.

KELLUM, Judge.

The appellant, Corey Schirod Smith, currently an inmate on death row at Holman Correctional Facility, appeals the circuit court’s denial of his petition for post-conviction relief filed pursuant to Rule 32, Ala. R.Crim. P.

In 1995, Smith was convicted of capital murder for murdering Kimberly Ann Brooks during the course of a kidnapping in the first degree. See § 13A-5-40(a)(l), Ala.Code 1975. The jury unanimously recommended that Smith be sentenced to death. The circuit court followed the jury’s recommendation and sentenced Smith to death. Smith’s conviction and death sentence…