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EX PARTE LANKFORD

88-1193.

564 So.2d 41 (1989)

Ex parte Heflin Mack LANKFORD. Re STATE of Alabama v. Heflin Mack LANKFORD.

Supreme Court of Alabama.

Rehearings Denied December 22, 1989 and January 9, 1990.

Attorney(s) appearing for the Case

Frank H. Hawthorne, Jr. of McPhillips, DeBardelaben & Hawthorne, Montgomery, for petitioner.

Don Siegelman, Atty. Gen., and Mary Elizabeth Culberson, Asst. Atty. Gen., for respondent.

MADDOX, Justice.

The issue in this case is whether a circuit judge has the authority under Ala.Code 1975, § 15-16-21, to order a competency evaluation of an indicted defendant who has been found previously to be incompetent to stand trial and who is free on a pre-trial bond.

In 1975, Heflin Mack Lankford was indicted, tried by a jury, and convicted of first degree murder. This Court reversed that conviction on appeal. Langford v. State,

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