Ex Parte Rutledge

Petitioner Mitchell Rutledge was convicted and sentenced to death for robbery when the victim is intentionally killed. The facts are set out in the opinion of the Court of Criminal Appeals reported at 482 So.2d 1250 (Ala.Crim.App. 1983). We issued the writ of certiorari pursuant to Rule 39 (c), ARAP.

After carefully reviewing the record and briefs of the respective parties, we affirm as to each of the respective parts of the appellate court's opinion except for part IV, relating to the sentencing phase of the trial. Therefore, we affirm as to the conviction and reverse the sentence and remand…