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THIGPEN v. THIGPEN

86-1632-CER.

541 So.2d 465 (1989)

Donald THIGPEN v. Morris THIGPEN, Commissioner, Alabama Department of Corrections, et al.

Supreme Court of Alabama.

Rehearing Denied March 31, 1989.

Attorney(s) appearing for the Case

John Charles Boger and Steven A. Reiss, New York City, for petitioner.

Don Siegelman, Atty. Gen., and Ed Carnes, Asst. Atty. Gen., for respondents.

Ruth A. Bourquin of Testa, Hurwitz & Thibeault, Boston, Mass., and Gary S. Guzy, Washington, D.C., and Robert D. Segal of Copeland, Franco, Screws & Gill, Montgomery, for amicus curiae Johnny Harris in support of position of petitioner.

ALMON, Justice.

This case presents a certified question from the United States District Court, Southern District of Alabama. The question presented is whether, under Alabama law, Donald Thigpen can be resentenced capitally or should simply have his existing death sentence reduced to life imprisonment.

In 1975, Donald Thigpen was serving a life sentence. He escaped from prison, and after he was recaptured he was convicted of first-degree murder for killing...

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