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CALLAHAN v. STATE

CR-97-1202.

767 So.2d 380 (1999)

James Harvey CALLAHAN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 9, 1999.

Attorney(s) appearing for the Case

Randall Scott Susskind, Montgomery, for appellant.

Bill Pryor, atty. gen., and J. Clayton Crenshaw, asst. atty. gen., for appellee.

COBB, Judge.

On June 26, 1982, James Harvey Callahan was convicted for intentionally murdering Rebecca Suzanne Howell during the course of a first-degree kidnapping, a capital offense under § 13A-5-40(a)(1), Ala.Code 1975. On July 8, 1982, after the jury recommended that Callahan be sentenced to death by a 10-2 vote, the trial court sentenced Callahan to death. This court affirmed Callahan's conviction and sentence. Callahan v. State,

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