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CLEMONS v. STATE

CR-01-1355.

55 So.3d 314 (2003)

Eugene Milton CLEMONS II v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion Affirming on Return to Remand June 24, 2005.

Rehearing Denied September 16, 2005.

Attorney(s) appearing for the Case

James S. Christie, Jr. , and Anne R. Yuengert , Birmingham; Daniel G. Grove , Washington, D.C.; and Marc Z. Michael and Anne W. Stukes , Washington, D.C., for appellant.

William H. Pryor, Jr. , and Troy King , attys. gen., and Anne C. Adams , asst. atty. gen., for appellee.

BASCHAB, Judge.

On September 25, 1994, the appellant, Eugene Milton Clemons II, was convicted of the capital offense of robbery-murder. See § 13A-5-40(a)(2), Ala.Code 1975.1 The jury unanimously recommended that he be sentenced to death. On October 11, 1994, the trial court followed the jury's recommendation and sentenced the appellant to death. This court and the Alabama Supreme Court affirmed the appellant's conviction and sentence...

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