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McDONALD v. STATE

SC 2706.

349 So.2d 102 (1977)

In re James Ray McDONALD v. STATE of Alabama. Ex parte James Ray McDonald.

Supreme Court of Alabama.

August 26, 1977.

Attorney(s) appearing for the Case

Arthur Parker of Parker & Garrett, Birmingham, for petitioner.

MADDOX, Justice.

Writ denied. By denying the writ, we point out that writs of certiorari are frequently denied without any consideration of the merits. Haden v. Olan Mills, Inc., 273 Ala. 129, 135 So.2d 388 (1961). A denial of certiorari should never be considered as an expression by the reviewing court on the merits of the controversy. See Hamilton Brown Shoe Co. v. Wolf Brothers, 240 U.S. 251

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