* Reporter of Decisions' note: The petition for the writ of certiorari was filed under the name "Gary Davis Hart," without the "II" following that name. Gary Davis Hart II was convicted of the capital offense of murder during a robbery in the first degree; § 13A-5-40 (a)(2), Ala. Code 1975. Hart was given a bifurcated trial, in accordance with § 13A-…
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