PATTERSON, Judge.
The appellant, Thomas Douglas Arthur, was indicted by a Colbert County grand jury for the capital offense of "[m]urder by a defendant who has been convicted of any other murder in the 20 years preceding the crime," § 13A-5-40(a)(13), Code of Alabama 1975. His first trial, occurring in February 1982, resulted in a guilty verdict and a sentence of death, as recommended by the jury. This conviction and sentence were affirmed by this court. Arthur...
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