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GRADDICK v. GALANOS

78-796.

379 So.2d 592 (1980)

Charles A. GRADDICK, as Attorney General of Alabama v. Chris N. GALANOS, as District Attorney of the Thirteenth Judicial Circuit.

Supreme Court of Alabama.

January 11, 1980.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., pro se, and Edward E. Carnes, Asst. Atty. Gen., for appellant.

Chris N. Galanos, Mobile, pro se.

Ronald L. Myers, Opelika, and Lewey Stephens, Jr., Elba, amicus curiae.

ALMON, Justice.

The District Attorney of Mobile County, Chris N. Galanos, filed a petition for declaratory judgment in the Circuit Court requesting the court to determine whether he, as District Attorney, has the sole responsibility for prosecuting the retrial of Thomas Whisenhant who is charged with rape where the victim was intentionally killed. From a finding in Galanos' favor, the Attorney General, Charles A. Graddick, appeals. We reverse.

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