Colley v. State

Appellant was convicted of the capital offense of robbery during the course of which the victim is intentionally killed, see Ala. Code § 13-11-2 (a)(2) (1975), and sentenced to death. His conviction was affirmed by this court in Colley v. State,405 So.2d 374 (Ala.Cr.App. 1979), later reversed, Colley v.State, 405 So.2d 391 (Ala. 1981) on the authority of Beck v.Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), see Beck v. State, 396 So.2d 645 (Ala. 1980), and remanded for retrial, Colley v. State, 405 So.2d 392 (Ala.Cr.App. 1981).

His second trial, from which he now appeals,…