PER CURIAM.
PETITION DENIED. NO OPINION.
MOORE, C.J., and SEE, LYONS, JOHNSTONE, HARWOOD, and WOODALL, JJ., concur.
HOUSTON, BROWN, and STUART, JJ., dissent.
HOUSTON, Justice (dissenting).
On April 26, 1994, what is now Ala.Code 1975, § 6-5-338(a) became law. On December 28, 1999, James B. Wharton, an Alabama state trooper, while performing his assigned duties as a state trooper, was involved in an accident that caused the death...
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