MONTGOMERY, Ala. — The Alabama Supreme Court on Friday denied the state’s request to review a ruling that overturned the capital murder conviction and death sentence of Warren Terrell Hardy, clearing the way for a new trial in the 2016 killing of Huntsville NASA retiree Kathleen Lundy.
The court denied the State of Alabama’s petition for writ of certiorari without issuing an opinion. Seven justices voted to deny the petition.
The denial leaves in place the Alabama Court of Criminal Appeals’ February ruling, which threw out Hardy’s capital murder conviction and death sentence. That court found jury instructions at Hardy’s trial allowed jurors to consider a robbery victim he was not charged with: Kathleen Lundy’s husband, Rusty Lundy…