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ARTHUR v. STATE

CR-08-1944.

71 So.3d 733 (2010)

Thomas Douglas ARTHUR v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 11, 2010.

Certiorari Denied April 15, 2011

Alabama Supreme Court 1091292.

Attorney(s) appearing for the Case

Andrew Brinkman , Suhana S. Han , Marc De Leeuw , and Jordan T. Razza , New York City, New York, for appellant.

Troy King , atty. gen., and J. Clayton Crenshaw , asst. atty. gen., for appellee.

WISE, Presiding Judge.

The appellant, Thomas Douglas Arthur, was convicted of capital murder and sentenced to death for the killing of Troy Wicker. The murder was made capital because he had been convicted of another murder in the twenty years preceding the crime. See § 13A-5-40(a)(13), Ala.Code 1975. After the Alabama Supreme Court reversed this court's judgment affirming that conviction, see Ex parte Arthur, 472 So.2d 665

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