Ex Parte Davis

On Rehearing Ex Mero Motu

LYONS, Justice.

Jimmy Davis, Jr., was convicted in 1993 of capital murder and was sentenced to death. After two remands to the trial court by the Court of Criminal Appeals,1 the Court of Criminal Appeals affirmed his conviction and sentence. Davis v. State, 718 So.2d 1148, 1153 (Ala.Crim.App.1995) (opinion on return to second remand). This Court affirmed the judgment of the Court of Criminal Appeals, and the United States Supreme Court denied certiorari review. Ex parte Davis, 718 So.2d 1166 (Ala.1998), cert. denied, 525 U.S. 1179, 119 S.Ct. 1117, 143 L.Ed.2d 112…