Russell v. State

The appellant, Ryan Gerald Russell, was convicted of murdering 11-year-old Katherine Helen Gillespie, an offense defined as capital by § 13A-5-40(a)(15), Ala.Code 1975, because Katherine was under the age of 14.1 The jury unanimously voted that Russell be sentenced to death after finding that the capital offense was especially heinous, atrocious, or cruel as compared to other capital murders, § 13A-5-49(8), Ala.Code 1975. The circuit court sentenced Russell to death. This appeal, which is automatic in a case involving the death penalty, followed. See § 13A-5-55, Ala.Code 1975.2

The State's…