EX PARTE GAVIN

1030368.

891 So.2d 998 (2004)

Ex parte Keith Edmund GAVIN. (In re Keith Edmund Gavin v. State of Alabama).

Supreme Court of Alabama.

May 28, 2004.


Attorney(s) appearing for the Case

Stephen P. Bussman, Fort Payne, for petitioner.

Troy King, atty. gen., and Tracy M. Daniel, asst. atty. gen., for respondent.


SEE, Justice.

WRIT DENIED. NO OPINION.

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

JOHNSTONE, J., dissents.

JOHNSTONE, Justice (dissenting).

I respectfully dissent from the denial of this petition for a writ of certiorari. I respectfully submit that one issue deserves a plain error review pursuant to Rule 39(a)(2)(D), Ala. R.App. P.

During the sentencing phase of the trial, the trial court, over the defendant...

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