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EX PARTE BORDEN

1961943.

711 So.2d 506 (1998)

Ex parte Jeffery Lynn BORDEN. (In re Jeffery Lynn Borden v. State of Alabama).

Supreme Court of Alabama.

January 23, 1998.

Attorney(s) appearing for the Case

Sheldon Perhacs, Birmingham, for petitioner.

Bill Pryor, atty. gen., and Beth Jackson Hughes, asst. atty. gen., for respondent.

Prior report: Ala.Cr.App., 711 So.2d 498.

HOUSTON, Justice.

Jeffery Lynn Borden was charged with two counts of capital murder. Count I of the indictment charged Borden with the capital offense of murder wherein two or more persons are murdered by one act or pursuant to one scheme or course of conduct. Ala.Code 1975, § 13A-5-40(a)(10). Count II of the indictment charged Borden with the capital offense of murder committed...

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