Whether the Alabama death penalty sentencing scheme violates a defendant's Sixth Amendment right to a jury trial

QUESTIONS PRESENTED 1. Whether the Alabama death penalty sentencing scheme, which leaves it to the judge to find whether the aggravating circumstances outweigh the mitigating circumstances, a factual finding essential to capital punishment, violates a defendant’s Sixth Amendment right to a jury trial. 2. Whether this Court’s decision in McKinney v. Arizona, 140 8S. Ct. 702 (2020), applies when the result of a judicial “weighing process” (weighing aggravating circumstances against mitigating circumstances) increases a defendant’s potential punishment. i STATEMENT OF RELATED CASES Capote v. Alabama, CR-17-0963, Court of Criminal Appeals of Alabama. Judgment entered January 10, 2020. An Application for Rehearing was overruled on May 22, 2020. Petition for Writ of Certiorari denied by Supreme Court of Alabama, #1190678, September 18, 2020. Alabama v. Capote, CC-16-340, Circuit Court of Colbert County, Alabama. Judgment entered May 24, 2018. Capote v. Alabama, CC-2016-340.60, Circuit Court of Colbert County, Alabama. (State habeas petition pending.) ii