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EX PARTE BURGESS

1980803.

827 So.2d 193 (2000)

Ex parte Willie BURGESS, Jr. (Re Willie Burgess, Jr. v. State).

Supreme Court of Alabama.

Rehearing Denied February 8, 2002.

Attorney(s) appearing for the Case

Thomas M. Di Giulian, Decatur; and William L. Middleton of Eyster, Key, Tubb, Weaver & Roth, Decatur, for petitioner.

Bill Pryor, atty. gen., A. Vernon Barnett IV, asst. atty. gen., for respondent.

JOHNSTONE, Justice.

Willie Burgess, Jr., was indicted for, tried for, and convicted of, capital murder on the theory of robbery-murder as defined by § 13A-5-40(a)(2), Ala.Code 1975. The jury recommended death and the trial court sentenced Burgess to death. Burgess appealed to the Court of Criminal Appeals, which affirmed his conviction and sentence. Burgess v. State, 827 So.2d 134 (Ala.Crim.App.1998). Burgess petitioned...

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