Presley v. State
Court of Criminal Appeals of Alabama
1Opinion of the Court
Marcus Presley appeals from the summary dismissal of the petition he filed pursuant to Rule 32, Ala. R.Crim. P., seeking relief from his capital-murder conviction and sentence of death. We reverse in part and remand for further proceedings.
Presley was convicted for murder made capital because it was committed during a robbery or an attempted robbery, § 13A-5-40(a)(2), Ala. Code 1975. On direct appeal, we affirmed the conviction and sentence, Presley v. State,770 So.2d 104 (Ala.Crim.App. 1999), and the Alabama Supreme Court affirmed this Court's judgment, Ex parte Presley,770 So.2d 114 (Ala.…
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