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TOMLIN v. STATE

CR-98-2126.

909 So.2d 290 (2004)

Phillip Wayne TOMLIN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand August 27, 2004.

Rehearing Denied November 19, 2004.

Certiorari Denied March 18, 2005.

Attorney(s) appearing for the Case

Bernard E. Harcourt, New York, New York, for appellant.

William H. Pryor, Jr., atty. gen., and James R. Houts and Kristi L. Deason, asst. attys. gen., for appellee.

Alabama Supreme Court 1040329.

On Remand from the Alabama Supreme Court

McMILLAN, Presiding Judge.

The appellant, Phillip Wayne Tomlin, was convicted for the 1977 murders of Ricky Brune and Cheryl Moore. Tomlin was tried three times, and each time he was convicted and sentenced to death. His convictions were subsequently reversed on direct appeal. See Ex parte Tomlin, 540 So.2d 668 (Ala.1988);

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