EX PARTE STATE

CR-95-883.

675 So.2d 548 (1996)

Ex parte STATE of Alabama. (In re STATE of Alabama v. Damon SIMPSON.)

Court of Criminal Appeals of Alabama.

March 7, 1996.


Attorney(s) appearing for the Case

Bill Lisenby, Jr., Chief Deputy District Atty., Lafayette, for Petitioner.

Greg Ward, Lanett, and Donald Cleveland, West Point, Georgia, for Respondent.


TAYLOR, Presiding Judge.

The State of Alabama filed this petition for a writ of mandamus directing the Honorable Howard F. Bryan, circuit judge for the Fifth Judicial Circuit to vacate his order granting Simpson's motion to prevent the state from seeking the death penalty at his subsequent retrial. At his first trial, Simpson was tried and convicted of capital murder. He was sentenced to life in the penitentiary without parole. We reversed Simpson's conviction in...

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