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EX PARTE McGRIFF

1010469.

908 So.2d 1024 (2004)

Ex parte Dennis McGRIFF. (In re Dennis Demetrius McGriff v. State of Alabama).

Supreme Court of Alabama.

Opinion Overruling Rehearing January 14, 2005.

Attorney(s) appearing for the Case

William C. Maddox, Dothan, for petitioner.

William H. Pryor, Jr., and Troy King, attys. gen., and A. Vernon Barnett IV and Anne C. Adams, asst. attys. gen., for respondent.

Bryan A. Stevenson and Cathleen Price, Montgomery, for amicus curiae Equal Justice Initiative of Alabama, in support of the petitioner.

JOHNSTONE, Justice.

Dennis Demetrius McGriff was indicted, tried, and convicted for capital murder committed by shooting from a vehicle in violation of § 13A-5-40(18), Ala.Code 1975. In the penalty phase of McGriff's trial, the prosecutor undertook to prove the aggravating circumstance defined by § 13A-5-49(3), Ala.Code 1975, that McGriff had "knowingly created a great risk of death to many persons." By a vote of ten to two, the jury subsequently recommended...

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