Ex Parte MacEwan

On Application for Rehearing

The opinion of July 20, 2001, is withdrawn and the following is substituted therefor.

Angela Moore MacEwan was convicted by a jury of capital murder for killing a child under the age of 14 years; see § 13A-5-40(a)(15), Ala. Code 1975. The trial court sentenced her to life imprisonment without the possibility of parole. MacEwan appealed her conviction to the Court of Criminal Appeals, which unanimously affirmed, in MacEwan v. State, 701 So.2d 66 (Ala.Crim.App. 1997); this Court denied MacEwan's petition for the writ of certiorari.

Two years later, MacEwan filed a Rule…