Jerry Wayne Jacobs v. State Alabama Ex

ON REHEARING We deny petitioner's application to rehear his case but we point out that we have examined the cases of Bell v. Ohio, 438 U.S. 637, 98 S. Ct. 2977, 57 L. Ed. 2d 1010 and Lockett v. Ohio, 438 U.S. 586, 98 S. Ct. 2954, 57 L. Ed. 2d 973, decided after petitioner's application for rehearing was filed, and we conclude that those cases do not invalidate Alabama's sentencing scheme in death cases. Alabama's sentencing scheme specifically provides, in part: