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EX PARTE STATE

1041094.

928 So.2d 259 (2005)

Ex parte State of Alabama. (In re STATE of Alabama v. Lananderious BOLDEN).

Supreme Court of Alabama.

October 28, 2005.

Attorney(s) appearing for the Case

Ellen Brooks, dist. atty., and Scott Green, deputy dist. atty., Montgomery County, for petitioner.

Tiernan (Terry) W. Luck III, Montgomery, for respondent.

PER CURIAM.

Lananderious Bolden was indicted for three counts of capital murder. Bolden moved to dismiss the indictment. At the hearing on the motion to dismiss, the trial court informed the parties that at the time of trial the court would order the State to elect one count of capital murder to pursue and it would then dismiss the remaining two counts. The State petitioned this Court for a writ of mandamus and/or a writ of prohibition preventing the trial court from...

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