EX PARTE LEWIS

1070647.

24 So.3d 540 (2009)

Ex parte Michael Jerome LEWIS. (In re Michael Jerome Lewis v. State of Alabama).

Supreme Court of Alabama.

May 29, 2009.


Attorney(s) appearing for the Case

Stephen A. Strickland of Jaffe, Strickland, Drennan & Dodd, P.C., Birmingham, for petitioner.

Troy King, atty. gen., and Jasper B. Roberts, Jr., asst. atty. gen., for respondent.


WOODALL, Justice.

Michael Jerome Lewis was convicted of the capital murder of Timothy John Kaye. The murder was made capital because it was committed "during a kidnapping in the first degree or an attempt thereof." § 13A-5-40(a)(1), Ala.Code 1975. The jury recommended, by a vote of 10-2, that Lewis be sentenced to death, and the trial court sentenced him to death.

Initially, the Court of Criminal Appeals remanded the case for further action by the trial...

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