Ex Parte Brown

LYONS, Justice.

Michael Brown was convicted of two counts of capital murder for the killing of Betty Kirkpatrick. The murder was made capital because it was committed during the course of a robbery and a burglary. The jury recommended by a vote of 11-1 that Brown be sentenced to death, and the trial court followed the jury’s recommen dation. Brown appealed. The Court of Criminal Appeals unanimously affirmed Brown’s conviction and sentence. Brown v. State, 11 So.3d 866 (Ala.Crim.App.2007). Brown petitioned this Court for certiorari review; we granted his petition to review one issue: whether…