Borden v. State

Jeffery Lynn Borden was convicted of capital murder for the shooting deaths of his ex-wife and his ex-father-in-law. §13A-5-40(a)(10), Ala. Code 1975. The trial court sentenced Borden to death, and this Court affirmed the judgment of conviction and the death sentence. Borden v. State, 711 So.2d 498 (Ala.Crim.App. 1997).1 The Alabama Supreme Court affirmed this Court's judgment, Ex parte Borden, 711 So.2d 506 (Ala. 1998).

On August 4, 1999, Borden filed a timely petition for postconviction relief. (C. 27-55.) On October 8, 1999, the State filed an answer to the petition. It also filed two…