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GAINES v. STATE

CR-11-0919.

137 So.3d 357 (2013)

David Lee GAINES v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

July 12, 2013.

Attorney(s) appearing for the Case

Douglas H. Scofield , Chelsea, for appellant.

Luther Strange , atty. gen., and Tracy M. Daniel , asst. atty. gen., for appellee.

WELCH, Judge.

The Jefferson County grand jury indicted David Lee Gaines on August 5, 2010, for two counts of capital murder. Count one charged Gaines with the intentional murder of Ericka Jean by shooting her with a pistol while she was inside a vehicle, see § 13A-5-40(a)(17), Ala.Code 1975. Count two charged Gaines with the intentional murder of Ericka Jean by shooting her with a pistol while he was inside a vehicle, a violation of § 13A-5-40(a)(18), Ala...

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