HARWOOD, Justice.
On September 14, 2004, this Court granted the petition of the State of Alabama for a writ of certiorari to examine the argument by the State that the Court of Criminal Appeals had erred in reversing the trial court's judgment convicting James Dwight McKissack of murder, see Ala.Code 1975, § 13A-6-2(a)(1), and sentencing him to life imprisonment. In its opinion, McKissack v. State,
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