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EX PARTE WHISENHANT

83-33.

482 So.2d 1247 (1984)

Ex parte Thomas W. WHISENHANT. (In re Thomas Warren WHISENHANT v. STATE of Alabama.)

Supreme Court of Alabama.

As Modified on Denial of Rehearing June 15, 1984.

Attorney(s) appearing for the Case

John L. Carroll and Morris S. Dees, Montgomery, for petitioner.

Charles A. Graddick, Atty. Gen., and Ed Carnes, Asst. Atty. Gen., for respondent.

PER CURIAM.

Whisenhant was indicted and subsequently convicted in the Circuit Court of Mobile County of the capital offense of rape-intentional killing. He was sentenced to death on September 7, 1977, a pre-Beck sentence. Beck v. State, 365 So.2d 1006 (Ala.1978).

Petitioner's first conviction and death sentence were reversed by the Court of Criminal Appeals in 1979. Whisenhant v.

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