Ex Parte Dill

The petitioner, Jimmy Lee Dill, was convicted of murder made capital by Ala. Code 1975, § 13A-5-40(a)(2) — murder "during a robbery in the first degree or an attempt thereof." Dill was sentenced to death. The Court of Criminal Appeals affirmed his conviction and sentence. On August 23, 1991, the Court of Criminal Appeals extended its opinion and overruled Dill's application for rehearing. This Court granted Dill's petition for the writ of certiorari on September 30, 1991.

Based upon our careful review of the record, the briefs and arguments of counsel, we conclude that the Court of Criminal…