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EX PARTE LOWE

88-1246.

548 So.2d 1087 (1989)

Ex parte James Donald LOWE. (Re James Donald Lowe v. State).

Supreme Court of Alabama.

August 25, 1989.

Attorney(s) appearing for the Case

J. Louis Wilkinson and Virginia A. Vinson, Birmingham, for petitioner.

Don Siegelman, Atty. Gen., for respondent.

PER CURIAM.

We deny defendant's petition for certiorari. However, in so doing, we are not to be understood to agree with the rationale used by the Court of Criminal Appeals to conclude that Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), does not apply in this case. See the standards we set forth in Ex parte Branch, 526 So.2d 609 (Ala.1986).

WRIT DENIED...

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