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KIRBY v. STATE

1030128.

899 So.2d 968 (2004)

Ex parte State of Alabama. (In re Junior Mack KIRBY v. STATE of Alabama).

Supreme Court of Alabama.

Rehearing Denied October 22, 2004.

Attorney(s) appearing for the Case

William H. Pryor, Jr., and Troy King, attys. gen., Nathan A. Forrester, deputy atty. gen., and Michael B. Billingsley and Beth Slate Poe, asst. attys. gen., for petitioner.

Bryan A. Stevenson, Cathleen Price, and Charlotte Morrison of Equal Justice Initiative of Alabama, Montgomery, for respondent.

Mary E. Pons, Montgomery, for amicus curiae Association of County Commissions of Alabama, in support of the respondent.

LYONS, Justice.

The State petitioned this Court for a writ of certiorari to review an order entered by the Court of Criminal Appeals dismissing an appeal filed by Junior Mack Kirby; we granted certiorari review. We reverse the Court of Criminal Appeals' order dismissing Kirby's appeal. Because this case presents an issue of first impression, we have invoked § 12-3-14, Ala.Code 1975, thereby transferring this appeal from the Court of Criminal Appeals to this Court...

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