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EX PARTE HYDE

1971109.

778 So.2d 237 (2000)

Ex parte James Matthew HYDE. (Re James Matthew Hyde v. State).

Supreme Court of Alabama.

Rehearing Denied September 1, 2000.

Attorney(s) appearing for the Case

Terry Huffstutler, Guntersville; and Ruth E. Friedman, Montgomery, for petitioner.

Bill Pryor, atty. gen., and Michael B. Billingsley, asst. atty. gen., for respondent.

PER CURIAM.

James Matthew Hyde was convicted of capital murder for the death of Ernest Andrew Whitten, an Albertville police officer. The murder was made capital (1) because it occurred during a burglary, see § 13A-5-40(a)(4), Ala.Code 1975; (2) because Whitten had served as a grand-jury witness, see § 13A-5-40(a)(14); and (3) because Whitten had been subpoenaed to testify at the trial of Larry Whitehead, see § 13A-5-40(a)(14).1

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