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EX PARTE WALDROP

1001194.

859 So.2d 1181 (2002)

Ex parte Bobby Wayne WALDROP. (In re Bobby Wayne Waldrop v. State of Alabama.)

Supreme Court of Alabama.

Rehearing Denied April 11, 2003.

Attorney(s) appearing for the Case

Richard K. Keith of Keith & Hamm, P.C., Montgomery; and Kathleen B. Morris of Morris & McDermott, L.L.C., Montgomery, for petitioner.

William H. Pryor, Jr., atty. gen., and James R. Houts, Beth Jackson Hughes, and Tracy Daniel, asst. attys. gen., for respondent.

Bryan A. Stevenson and Randall S. Susskind, Montgomery, for amicus curiae Equal Justice Initiative of Alabama, on behalf of the petitioner.

Vader A. (Al) Pennington, Mobile, for amicus curiae Alabama Criminal Defense Lawyers Association, in support of the petitioner.

Thomas W. Sorrells, Montgomery, for amicus curiae Alabama District Attorneys Association, in support of the respondent.

BROWN, Justice.

The petitioner, Bobby Wayne Waldrop, was convicted of three counts of capital murder: two counts of murder made capital because it was committed during a robbery in the first degree, see Ala.Code 1975, § 13A-5-40(a)(2), and one count of murder made capital because two or more persons were murdered by one act or pursuant to one scheme or course of conduct, see Ala.Code 1975, § 13A-5-40(a)(10). On April 25, 2002, this Court granted Waldrop...

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