ALABAMA DEPT. OF MENTAL HEALTH AND RETARDATION EX REL. McCLOTHAN v. STATE

CR-01-1508.

873 So.2d 1176 (2003)

ALABAMA DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION ex rel. Tyrone McCLOTHAN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

August 29, 2003.


Attorney(s) appearing for the Case

Matthew Walton Theus, Birmingham, for appellant, Tyrone McClothan.

Nancy S. Jones, Tuscaloosa, for appellant, Department of Mental Health and Mental Retardation.

Submitted on appellant's brief only.


On Rehearing Ex Mero Motu

PER CURIAM.

The order of dismissal issued on January 7, 2003, and the opinion on application for rehearing issued on April 25, 2003, are hereby withdrawn and the following is substituted therefor.

The Alabama Department of Mental Health and Mental Retardation ("the Department") and Tyrone McClothan appeal the trial court's ruling denying the Department's motion filed pursuant...

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