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EX PARTE KILLINGSWORTH

1090589.

82 So.3d 761 (2010)

Ex parte Jimmy Lamar KILLINGSWORTH, Jr. (In re Jimmy Lamar Killingsworth, Jr. v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied April 15, 2011.

Attorney(s) appearing for the Case

Bryan A. Stevenson and Angela L. Setzer , Equal Justice Initiative, Montgomery; and William W. Whatley, Jr. , Montgomery, for petitioner.

Troy King , atty. gen., and Corey L. Maze , asst. atty. gen., for respondent.

PER CURIAM.

Jimmy Lamar Killingsworth was convicted of three counts of capital murder for the killing of Steven C. Spears, Jr., and one count of second-degree assault for the assault of Monica Spears, see § 13A-6-21(a)(2), Ala.Code 1975. The murder was made capital because it was committed through the use of a deadly weapon while the victim was in a vehicle, see § 13A-5-40(a)(17), Ala.Code 1975; because it was committed through the use of a deadly weapon...

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