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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