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EX PARTE HUTCHERSON

No. 1030306.

887 So.2d 212 (2004)

Ex parte Larry Eugene HUTCHERSON. (In re Larry Eugene Hutcherson v. State of Alabama).

Supreme Court of Alabama.

February 13, 2004.

Attorney(s) appearing for the Case

Al Pennington, Mobile, for petitioner.

William H. Pryor, Jr., atty. gen., and Regina F. Speagle, asst. atty. gen., for respondent.

HOUSTON, Justice.

WRIT DENIED.

SEE, LYONS, and WOODALL, JJ., concur.

JOHNSTONE, J., concurs specially.

JOHNSTONE, Justice (concurring specially).

My special writing in Ex parte Hutcherson, 847 So.2d 386, 388-89 (Ala.2002), says, in pertinent part:

"Hutcherson has clearly articulated his claim of `excusable neglect' to warrant a Rule 1.3(b), Ala. R.Crim. P., extension of the two-year...

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