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HART v. STATE

CR-05-0056.

939 So.2d 948 (2005)

Gary Davis HART II v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 3, 2006.

Certiorari Denied April 14, 2006.

Attorney(s) appearing for the Case

Eric J. Magnuson, Minneapolis, Minnesota, for appellant.

Submitted on appellant's brief only.

Alabama Supreme Court 1050659.

PER CURIAM.

The appellant, Gary Davis Hart II, appeals the circuit court's order setting aside his sentence of death pursuant to Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005), and sentencing him to life in the penitentiary without the possibility of parole.

In 1990, Hart was convicted of capital murder for the killing of Todd Evans during the course of a robbery...

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