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EX PARTE DUNCAN

1990652.

827 So.2d 861 (2001)

Ex parte Trace R. DUNCAN. (Re Trace Royal Duncan v. State).

Supreme Court of Alabama.

Rehearing Denied February 8, 2002.

Attorney(s) appearing for the Case

Joe W. Morgan, Jr., Birmingham, for petitioner.

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

JOHNSTONE, Justice.

Trace R. Duncan was charged with two counts of capital murder. Count I of the indictment charged Duncan with the murder of Vicki Deblieux, made capital because it occurred during a kidnapping in the first degree. § 13A-5-40(a)(1), Ala. Code 1975. Count II of the indictment charged Duncan with the murder of Vicki Deblieux, made capital because it occurred during a robbery in the first degree. § 13A-5-40(a)(2), Ala.Code 1975. A jury found...

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