**FILE** The steps of the U.S. Supreme Court building are shown in this 2000 file photo in Washington. The Supreme Court agreed Friday to decide whether a state can execute someone convicted of raping a child, one of the few remaining crimes that does not require the death of the victim to result in capital punishment. (AP Photo/Pat Benic, FILE)
ABBEVILLE, Ala. (AP) - The Alabama Supreme Court has granted a
fourth trial for an Abbeville man convicted of attempted rape.
The high court found that the local court erred in denying
Demarlos Davis transcripts from his previous trials.
A Houston County jury convicted Davis in May of 2007 for the
attempted rape of a Dothan woman in August of 1997. Two previous
trials 1999 and 2001 both ended in hung juries.
Davis' attorney, Billy Joe Sheffield II, had sought the
transcripts from Davis' previous trials because he said it would
benefit his client during the third trial.
Circuit Judge Jerry White denied the request and the Alabama
Court of Criminal Appeals upheld the decision.
Davis was convicted in the third trial and is serving a 30-year
prison sentence at St. Clair Correctional facility.
(Copyright 2009 by The Associated Press. All Rights Reserved.)