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SMITH v. STATE

CR-97-1258.

213 So.3d 327 (2011)

Jerry Jerome SMITH v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion on Return to Fifth Remand June 7, 2013.

Opinion on Return to Sixth Remand June 3, 2016.

Attorney(s) appearing for the Case

Jon Christopher Capps (withdrew 9/12/2007); Robert Aaron Gartlan , Dothan; Angela L. Setzer and Bryan A. Stevenson , Montgomery; and Rebecca Kiley , Montgomery, for appellant.

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

On Remand from the Alabama Supreme Court

In 1998, Jerry Jerome Smith was convicted of capital murder for killing Willie Flournoy, Theresa Helms, and David Bennett by one act or pursuant to one scheme or course of conduct, see § 13A-5-40(a)(10), Ala.Code 1975. The jury recommended, by a vote of 11-1, that...

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