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EX PARTE McGAHEE

1021917.

885 So.2d 230 (2004)

Ex parte Earl J. McGAHEE. (In re Earl Jerome McGahee v. State of Alabama).

Supreme Court of Alabama.

January 30, 2004.

Attorney(s) appearing for the Case

Angela Setzer, Equal Justice Initiative of Alabama, Montgomery, for petitioner.

William H. Pryor, Jr., atty. gen., Nathan A. Forrester, deputy atty. gen., and Beth Jackson Hughes, asst. atty. gen., for respondent.

STUART, Justice.

WRIT DENIED. NO OPINION.

HOUSTON, SEE, LYONS, BROWN, HARWOOD, and WOODALL, JJ., concur.

JOHNSTONE, J., concurs specially.

JOHNSTONE, Justice (concurring specially).

I concur in denying the petition for a writ of certiorari. I write specially only to note a misconstruction of Ex parte Pierce, 851 So.2d 606 (Ala.2000), in the opinion of the Court of Criminal Appeals in the case...

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