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WINDSOR v. STATE

1930048.

683 So.2d 1021 (1994)

Ex parte State of Alabama. Re Harvey Lee WINDSOR v. STATE of Alabama.

Supreme Court of Alabama.

February 18, 1994.

Attorney(s) appearing for the Case

James H. Evans, Atty. Gen., and Gilda Branch Williams, Deputy Atty. Gen., for petitioner.

Hilary L. Hochman, Montgomery, and Hugh Holladay and Ray Lowery, Pell City, for respondent.

HOUSTON, Justice.

Harvey Lee Windsor was convicted of capital murder under § 13A-5-40(a)(2), Ala. Code 1975, and was sentenced to death by electrocution. Windsor appealed the conviction and sentence to the Court of Criminal Appeals. That court reversed the conviction and remanded for a new trial, holding that the prosecutor had improperly referred to Windsor's failure to testify at trial and holding that the circuit clerk's practice of excusing potential jurors...

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