MADISON COUNTY, Ala. (WHNT) — A hearing will be held Thursday morning for a man convicted of capital murder, not just for his sentencing, but also a motion for a new trial, court records show.

Warren Hardy was found guilty in April 2022 on all five of the charges he faced, including capital murder during a robbery, two counts of first-degree kidnapping, first-degree domestic violence and aggravated stalking and one count of discharging a gun into an occupied vehicle.

Madison County Circuit Judge Chris Comer is expected to hand down Hardy’s sentence on Thursday, taking into consideration the jury’s recommendation that Hardy be sentenced to death.

Because the case happened in 2016 before the state abolished the rule of judicial override in 2017, the jury’s decision for or against the death penalty is a recommendation – Judge Comer will have the final say on the issue.

The judge is also set to rule on whether or not a new trial will be granted, this following a motion filed by Hardy’s defense attorney, John Allen Brinkley, Jr., according to court documents.

Hardy was found guilty of killing 72-year-old Kathleen Lundy in August of 2016.

News 19 will have crews inside the courtroom today and will update this story as it develops.