Ex Parte Dunaway

Larry D. Dunaway, Jr., was indicted on two counts of capital murder for the intentional killings of Tressa M. Patterson and James Anthony Bernard Patterson. The murder of Tressa Patterson was made capital because it occurred during the commission of arson in the first or second degree. See Ala. Code 1975, §13A-5-40(a)(9). The murder of James Patterson was made capital because the victim was less than 14 years of age. See Ala. Code 1975, §13A-5-40(a)(15). Dunaway was tried before a jury and was convicted of both capital offenses. During the sentencing phase of his trial, the jury recommended a…