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EX PARTE SMITH

1951688.

698 So.2d 219 (1997)

Ex parte James Wyman SMITH. (Re James Wyman Smith v. State).

Supreme Court of Alabama.

Rehearing Denied June 13, 1997.

Attorney(s) appearing for the Case

Thomas E. Jones, Auburn; and J. Michael Williams, Sr., Auburn, for Petitioner.

Bill Pryor, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for Respondent.

KENNEDY, Justice.

James Wyman Smith was indicted in Lee County for the murder of Linda Darlene Talbert, a murder committed during a kidnapping and thereby made capital pursuant to § 13A-5-40(a)(1), Ala.Code 1975. He has been twice tried and convicted on that charge.

In the first trial, the jury found Smith guilty of the capital offense charged and the court sentenced him to death. The Court of Criminal Appeals affirmed. Smith v. State, ...

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