State v. Caldwell

Harwell, Justice:

In the first phase of a bifurcated capital trial, appellant, Rickie Tim Caldwell (Caldwell), was found guilty of armed robbery and of kidnapping and murdering Melvin Kelly, Jr. He was sentenced to death upon recommendation of the trial jury at the end of the second phase. He also received a twenty-five year concurrent sentence for armed robbery. This case consolidates Caldwell’s direct appeal and our mandatory review of the death sentence. We affirm the convictions, reverse the death sentence, and remand for a new sentencing proceeding.

FACTS

On January 22,1988, the victim’s…