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SMITH v. STATE

CR-97-1258.

213 So.3d 108 (2000)

Jerry Jerome SMITH v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand March 30, 2001.

Opinion on Second Return to Remand August 31, 2001.

Dissenting Opinion on Overruling of Rehearing October 26, 2001.

Attorney(s) appearing for the Case

Jon Christopher Capps , Robert Aaron Gartlan , Dothan; Kathleen M. Nemish , Dothan; Angela L. Setzer , Bryan A. Stevenson , and Randall S. Susskind , Montgomery; Rebecca Kiley , Montgomery; and David Kenneth Hogg , Dothan, for appellant.

William H. Pryor, Jr. , Troy King , and Luther Strange , attys. gen., and Kathryn D. Anderson , Michael A. Nunnelley , Beth Jackson Hughes , and Henry Mitchell Johnson , asst. attys. gen., for appellee.

The Houston County grand jury indicted the appellant, Jerry Jerome Smith, on February 20, 1997, for the capital offense of "Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct," Alabama Code 1975, § 13A-5-40(a)(10).1...

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