Ex Parte Musgrove

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In a consolidated trial, David Walter Rogers and Donnis George Musgrove were convicted of capital murder and both were sentenced to death. The Court of Criminal Appeals reversed their convictions, based on what that court ruled was the improper admission of evidence of their flight from police nearly two months after the murder. Rogers and Musgrove v.State, 630 So.2d 78 (Ala.Crim.App. 1991). On certiorari review, this Court reversed, ruling that there had been no…