COOK, Justice.
Douglas Berry, an Alabama prisoner, appealed from the circuit court's summary dismissal of his writ of habeas corpus. The Court of Criminal Appeals, on September 10, 1999, affirmed by an unpublished memorandum, Berry v. Alabama Dep't of Corrections, (No. CR-98-1789) 778 So.2d 882 (1999) (table). We granted Berry's petition for certiorari review.
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