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BORDEN v. STATE

CR-02-1314.

60 So.3d 935 (2004)

James Henry BORDEN, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand January 7, 2005.

Attorney(s) appearing for the Case

Angela L. Setzer and Bryan A. Stevenson , Montgomery, for appellant.

William H. Pryor, Jr. , atty. gen., and A. Vernon Barnett IV , asst. atty. gen., for appellee.

William H. Pryor, Jr. , and Troy King , attys. gen., and A. Vernon Barnett IV , asst. atty. gen., for appellee, on return to remand.

McMILLAN, Presiding Judge.

On December 1, 1994, the appellant, James Henry Borden, Jr., was found guilty of the capital offense of murder, for intentionally causing the death of Nellie Ledbetter after he had been convicted of another murder within the 20 years preceding this offense. See § 13A-5-40(a)(13), Ala.Code 1975. The jury, by a vote of 10 to 2, recommended a sentence of death. The trial court accepted the jury's recommendation and sentenced Borden to...

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