Ex parte Burgess
Decision Date | 21 July 2000 |
Citation | 811 So.2d 617 |
Parties | Ex parte Roy BURGESS, Jr. (In re Roy Burgess, Jr. v. State). |
Court | Alabama Supreme Court |
Bryan A. Stevenson and J. Drew Colfax, Equal Justice Initiative of Alabama, Montgomery, for petitioner.
Bill Pryor, atty. gen.; and Michael B. Billingsley and Kathryn D. Anderson, asst. attys. gen., for respondent. On Application for Rehearing
The opinion of January 28, 2000, is withdrawn and the following is substituted therefor.
Roy Burgess, Jr., was convicted of capital murder for the death of Kevin Gardner, under § 13A-5-40(a)(2), Ala.Code 1975— murder made capital because it was committed during the course of a robbery in the first degree. Both Burgess and his victim were age 16 at the time the murder was committed. The jury recommended by a vote of 10-2 that Burgess be sentenced to life imprisonment without parole. The trial court, overriding the jury's recommendation, sentenced Burgess to death. The Court of Criminal Appeals affirmed Burgess's conviction and sentence. Burgess v. State, 811 So.2d 557 (Ala.Crim.App. 1998). This Court granted certiorari review pursuant to Rule 39(c), Ala. R.App. P.
The Court of Criminal Appeals set forth the following detailed statement of the facts of the case.
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