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GADDY v. STATE

CR-02-2247.

952 So.2d 1149 (2006)

Richard Eugene GADDY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 16, 2006.

Attorney(s) appearing for the Case

Lee Ann Anderson, Karla G. Sanchez, and Frederick B. Warder III, New York, New York; Art C. Cody and Allison M. Villafane, New York, New York; and Carranza Mothershed Pryor, Atlanta, Georgia, for appellant.

William H. Pryor, Jr., and Troy King, attys. gen.; Margaret Mary (Missy) Fulmer, deputy atty. gen.; and James R. Houts and Michael A. Nunnelley, asst. attys. gen., for appellee.

WISE, Judge.

Richard Eugene Gaddy, currently an inmate on death row at Holman Penitentiary, appeals the circuit court's denial of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P.

In 1991, Gaddy was convicted of capital murder for murdering James Caldwell during the course of a robbery, see § 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 10 to 2, recommended that Gaddy be sentenced to death. The circuit court accepted...

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