Powell v. State

In 1987, the appellant, Timothy Powell, was convicted on both counts of an indictment charging him with the capital offenses of murder during the commission of a robbery, Ala. Code 1975, § 13A-5-40(a)(2), and murder during the commission of a burglary, § 13A-5-40(a)(4), in connection with the murder of Esther Herchenroeder. He was sentenced to death.

On direct appeal, this Court reversed his convictions and remanded the cause for a new trial based on the prosecution's discriminatory use of its peremptory challenges in violation ofBatson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69…