WELCH, Judge.
This is an appeal by the State of Alabama from an order of the Jefferson Circuit Court granting postconviction relief to Mack Dailey pursuant to Rule 32, Ala. R.Crim. P. Dailey's petition attacked his November 5, 1997, conviction for capital murder, a violation of § 13A-5-40(a)(2), Ala.Code 1975 (murder committed during a first...
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