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EX PARTE PERKINS

1991016.

808 So.2d 1143 (2001)

Ex parte Roy Edward PERKINS. (Re Roy Edward Perkins v. State).

Supreme Court of Alabama.

Concurring Opinion on Overruling of Rehearing July 13, 2001.

Attorney(s) appearing for the Case

Andrew A. Smith, Northport; and Tanya Greene, Atlanta, Georgia, for petitioner.

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

STUART, Justice.1

Roy Edward Perkins was convicted of murder made capital because it was committed during the course of a first-degree kidnapping, see § 13A-5-40(a)(1), Ala. Code 1975. The jury, by a vote of 10-2, recommended that Perkins be sentenced to death. The trial court accepted the jury's recommendation and sentenced Perkins to death. The Court of Criminal Appeals affirmed the conviction and the sentence. See Perkins v...

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