Ex Parte Smith

James Wyman Smith was indicted in Lee County for the murder of Linda Darlene Talbert, a murder committed during a kidnapping and thereby made capital pursuant to §13A-6-40(a)(1), Ala. Code 1975. He has been twice tried and convicted on that charge.

In the first trial, the jury found Smith guilty of the capital offense charged and the court sentenced him to death. The Court of Criminal Appeals affirmed. Smith v. State,581 So.2d 497 (Ala.Crim.App. 1990). We reversed, granting a new trial because the prosecutor had made improper prejudicial comments during closing arguments in the guilt phase and…