Summary of Offense:
Sentenced to death in 1984 for the murder of pawn shop owner Robert Back on March 5, 1983.
Summary of Offense:
Sentenced to death in 1984 for the murder of pawn shop owner Robert Back on March 5, 1983.
Court of Criminal Appeals of Alabama
NICKS v. STATE
Harry NICKS v. STATE
CR-96-2446
October 1, 1999
The appellant, Harry Nicks, was convicted of murder made capital because it was committed during a robbery, see § 13A-5-40(a)(2), Code of Alabama 1975. Following the jury's recommendation, the trial court sentenced Nicks to death. His conviction and his sentence were affirmed on appeal. Nicks v. State, 521 So.2d 1018 (Ala.Cr.App.1987), aff'd, 521 So.2d 1035 (Ala.), cert. denied, 487 U.S. 1241, 108 S.Ct. 2916, 101 L.Ed.2d 948 (1988). Nicks filed his initial post-conviction petition on January 17, 1989. The petition was amended four times and the circuit court held two evidentiary hearings. On August 13, 1997, the circuit court issued a written order in which it denied the requested relief as to Nicks's conviction but granted the relief as to his sentence, ordering a new sentencing hearing. The trial court found that because a prior conviction of Nicks's, which had been considered as an aggravating circumstance, had been set aside, Nicks was entitled to a new sentencing hearing in which the evidence of the vacated prior conviction would not be admitted. Nicks appeals the denial of his relief as to his conviction...(edit)
http://caselaw.findlaw.com/al-court-...s/1474344.html
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