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EX PARTE APICELLA

1992273.

809 So.2d 865 (2001)

Ex parte Andrew Anthony APICELLA. (In re Andrew Anthony Apicella v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied July 6, 2001.

Attorney(s) appearing for the Case

Erskine R. Mathis, Birmingham, for petitioner.

Bill Pryor, atty. gen., and Thomas F. Parker IV, asst. atty. gen., for respondent.

Martha Morgan, Tuscaloosa, for amici curiae certain "Law Students" (Latisha Colvin, Melissa Hutchens, Neal Hutchens, Hallie Leavell, and Kacey Keeton), in support of the petitioner.

HOUSTON, Justice.

On the night of October 16, 1994, Anthony Apicella and a codefendant, who was later tried separately, robbed the Changing Times lounge in Birmingham. During the course of that robbery, five people were murdered. Apicella was convicted of capital murder, under § 13A-5-40(a)(10), Ala.Code 1975. The jury, by a vote of eight to four, recommended that Apicella be sentenced to life imprisonment without parole. After a delay of 14 months, the trial...

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