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EX PARTE SMITH

1990871.

794 So.2d 1089 (2001)

Ex parte Lorenzo SMITH. (Re Ex parte State (Re State v. Lorenzo Ren Smith)).

Supreme Court of Alabama.

April 6, 2001.

Attorney(s) appearing for the Case

Ben E. Bruner and C. Pate DeBardeleben, Montgomery, for petitioner.

Eleanor I. Brooks, district atty., and Todd A. Brown, deputy district atty., Montgomery, for respondent.

Bruce A. Gardner of Hamilton & Gardner, Huntsville, for amici curiae Alabama Criminal Defense Lawyers Association and National Association of Criminal Defense Lawyers.

Brief filed in support of application for rehearing: Frances Allen Long, Sr., Presiding Judge; and H. Ward McMillan and James H. Fry, Judges pro se, as Judges on the Alabama Court of Criminal Appeals.

On Application for Rehearing

PER CURIAM.

The opinion released on September 29, 2000, is withdrawn and the following opinion is substituted therefor.

Lorenzo Ren Smith is charged in the Montgomery Circuit Court with capital murder, and the State has indicated it intends to seek the death penalty. The trial court declared Smith to be indigent. The circuit court also entered an order requiring the Montgomery Police Department (hereinafter usually...

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