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EX PARTE SMITH

1000976.

908 So.2d 302 (2005)

Ex parte Kenneth Eugene SMITH. (In re Kenneth Eugene Smith v. State of Alabama).

Supreme Court of Alabama.

March 18, 2005.

Attorney(s) appearing for the Case

Christopher M. Johnson and Charlotta Norby, Atlanta, Georgia, for petitioner.

William H. Pryor, Jr., atty. gen., Nathan A. Forrester, deputy atty. gen., and George Martin and Henry M. Johnson, asst. attys. gen., for respondent.

SMITH, Justice.*

The writ of certiorari is quashed as having been improvidently granted. Our quashing of the writ should not be construed as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion, including its discussion of Rule 3.3, Ala. R.Crim. P. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973)....

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