Ex Parte Borden

Jeffery Lynn Borden was charged with two counts of capital murder. Count I of the indictment charged Borden with the capital offense of murder wherein two or more persons are murdered by one act or pursuant to one scheme or course of conduct. Ala. Code 1975, § 13A-5-40(a)(10). Count II of the indictment charged Borden with the capital offense of murder committed by or through the use of a deadly weapon fired from outside a dwelling while the victim was inside the dwelling. Ala. Code 1975, § 13A-5-40(a)(16). The jury found Borden guilty of capital murder, as charged in Count I of the…