Kmart Corporation v. Peak

Richard Jerome Flowers appeals from his conviction on two counts of capital murder, see § 13A-5-40(a)(13) and (17), Ala. Code 1975. Flowers was tried before a jury on the charges that he intentionally murdered Annie Addy after having previously been convicted of murder in the second degree, and that he intentionally murdered Annie Addy by firing a handgun at Annie Addy while she was inside a vehicle. He was outside the vehicle when he fired the handgun. Following a guilty verdict, the jury recommended, by an 10-2 vote, that Flowers be sentenced to death by electrocution. On March 9, 1998, the trial court sentenced Richard Jerome Flowers to death. This appeal followed.