Ex Parte Cochran
Ex Parte Cochran
Opinion
This death penalty case has been before this Court on one previous occasion. In Ex parte Cochran,
The only issue before us is whether the trial court erred in not holding a new sentencing hearing. *Page 1065
This Court's previous opinion stated, "The trial judge's order does not state whether he considered the evidence offered by defendant and then determined that it was insufficient or whether he merely precluded it without consideration. Without knowing what the trial judge did, we are unable to properly review his sentencing decision." It is obvious that the only problem this Court found with the case was the incompleteness of the trial court's sentencing order. The remand for more particularity in the findings regarding mitigation was for the stated purpose of facilitating appellate review.
We agree with the Court of Criminal Appeals that our prior order was somewhat ambiguous and that the trial court has substantially complied with the objective of the order on remand. Therefore, the judgment of the Court of Criminal Appeals is affirmed.
AFFIRMED.
MADDOX, JONES, ALMON, SHORES, BEATTY, ADAMS, HOUSTON and STEAGALL, JJ., concur.
Reference
- Full Case Name
- Ex Parte James Willie Cochran. (Re: James Willie Cochran v. State of Alabama)
- Cited By
- 56 cases
- Status
- Published