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EX PARTE SMITH

1030608.

891 So.2d 286 (2004)

Ex parte Joseph Clifton SMITH. (In re Joseph Clifton Smith v. State of Alabama).

Supreme Court of Alabama.

March 5, 2004.

Attorney(s) appearing for the Case

Bryan A. Stevenson, Angela L. Setzer, Aaryn M. Urell of Equal Justice Initiative of Alabama, Montgomery, for petitioner.

Submitted on petitioner's brief only.

LYONS, Justice.

We hereby suspend the provisions of Rule 39(g) and (h), Ala. R.App. P., allowing the respondent to file a brief, and we summarily grant the writ. See Ex parte Gardner, [Ms. 1030309, January 27, 2004] ___ So.2d ___ (Ala.2004), and Court Comment of January 27, 2004, to Amendment to Rule 32.2, attached as an appendix to the opinion in Ex parte Gardner (a defendant whose triggering date for filing a Rule 32, Ala. R.Crim. P., petition occurs...

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