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EX PARTE ACKLIN

1991908.

790 So.2d 1012 (2001)

Ex parte Nicholas Bernard ACKLIN. (In re Nicholas Bernard Acklin v. State of Alabama).

Supreme Court of Alabama.

January 12, 2001.

Attorney(s) appearing for the Case

Robert B. Tuten, John G. Butler, Jr., and Mark McDaniel, Huntsville, for petitioner.

Bill Pryor, atty. gen., and James R. Houts, asst. atty. gen., for respondent.

Prior report: Ala.Cr.App., 790 So.2d 975.

LYONS, Justice.

WRIT DENIED.

HOOPER, C.J., and MADDOX, HOUSTON, SEE, BROWN, and ENGLAND, JJ., concur.

JOHNSTONE, J., concurs specially.

JOHNSTONE, Justice (concurring specially).

I concur in the denial of the petition for writ of certiorari. However, I disagree with the following statement in the opinion of the Court of Criminal Appeals:

...

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