Borden v. State

The appellant was convicted of the capital offense of murder during the course of a robbery, § 13A-5-40(a)(2), Code of Alabama (1975). The jury recommended a sentence of life without parole, by unanimous vote, and, at a separate sentencing hearing, the court imposed the sentence.

Donald Palmer Bailey, the victim, drove his car to a remote area of south Limestone County, with the appellant as a passenger. The appellant killed the victim by stabbing him numerous times with a pair of scissors or a similar instrument. The appellant admitted the acts which led to the victim's death, but raised a…