Russell v. State

The majority affirms Russell's conviction for capital murder and his sentence of death. I concur to affirm Russell's conviction; however, because I believe the trial court's finding regarding the only aggravating circumstance asserted by the State,-that "[t]he capital offense was especially heinous, atrocious, or cruel compared to other capital offenses," as set out in § 13A-5-49(8), Ala.Code 1975, was completely unsupported by the facts, I would remand the case with directions to resentence Russell to life in prison without the possibility of parole.

I

The main opinion affirms Russell's death…