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EX PARTE BROWNFIELD

1070255.

44 So.3d 43 (2009)

Ex parte James Ben BROWNFIELD, Jr. (In re James Ben Brownfield, Jr. v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied February 19, 2010.

Attorney(s) appearing for the Case

Stephen P. Bussman , Fort Payne; and Jayson Carroll , Rainsville, for petitioner.

Troy King and Thomas R. Govan, Jr. , asst. atty. gen., for respondent.

STUART, Justice.1

James Ben Brownfield, Jr., was convicted of three counts of capital murder, see § 13A-5-40(a)(4) (murder committed during a burglary), § 13A-5-40(a)(10) (murder of two or more persons by one act or pursuant to one scheme or course of conduct), and § 13A-5-40(a)(15) (murder when the victim is less than 14 years of age), Ala.Code 1975. The jury, by a vote of 11-1...

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