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EX PARTE CLEMONS

1960904.

720 So.2d 985 (1998)

Ex parte Eugene CLEMONS II (Re Eugene Milton Clemons II v. State).

Supreme Court of Alabama.

Rehearing Denied August 21, 1998.

Attorney(s) appearing for the Case

William F. Mathews, Pelham; and Ellen L. Wiesner and Bryan A. Stevenson, Montgomery, for petitioner.

Bill Pryor, atty gen., and Tracy M. Daniel, asst. atty. gen., for respondent.

KENNEDY, Justice.

Eugene Clemons II was charged with murder. The indictment charged that the murder was made capital murder, on two bases— that it occurred during the course of a robbery and that the victim was a law enforcement officer who was killed in the line of duty. See § 13A-5-40(a)(2) and (a)(5), Ala. Code 1975. Clemons was convicted of the capital offense of murder during a robbery. The jury unanimously recommended that he be sentenced to death...

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