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McMILLAN v. STATE

CR-08-1954.

139 So.3d 184 (2010)

Calvin McMILLAN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 13, 2011.

Certiorari Denied August 23, 2013 Alabama Supreme Court 1100441.

Attorney(s) appearing for the Case

Bryan A. Stevenson , Angela Setzer , and Randall S. Susskind , Montgomery; and Nancy M. Kirby , Prattville, for appellant.

Troy King , atty. gen., and Beth Jackson Hughes , asst. atty. gen., for appellee.

MAIN, Judge.

Calvin McMillan was convicted of capital murder for the intentional murder of James Bryan Martin by shooting him in the course of a first-degree robbery, see § 13A-5-40(a)(2), Ala.Code 1975, and for the intentional murder of James Bryan Martin by shooting him inside a vehicle, see § 13A-5-40(a)(17), Ala.Code 1975. The trial court sentenced McMillan to death following the jury's 8-4 advisory verdict of life imprisonment without parole. The trial...

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