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EX PARTE STATE

84-309, 84-310.

486 So.2d 476 (1985)

Ex parte STATE of Alabama. (Re Jerome Vincent Berard v. State of Alabama). Ex parte Jerome Vincent BERARD. (Re Jerome Vincent Berard v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied February 7, 1986.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Ed Carnes, Asst. Atty. Gen., for petitioner/cross-respondent.

Ira De Ment and Ronald W. Wise, Montgomery, for respondent/cross petitioner.

PER CURIAM.

This is an appeal following retrial. On this retrial, the defendant, Jerome Vincent Berard, was convicted in the Circuit Court of Montgomery County of a capital offense based on Code 1975, § 13-11-2(a)(10) (intentionally killing two or more human beings by one or a series of acts). Following the conviction by a jury, a sentencing hearing was held in the presence of the same jury, which returned a recommendation that the defendant be sentenced to death...

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