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EX PARTE STATE

No. 1021902.

915 So.2d 569 (2005)

Ex parte State of Alabama In re STATE of Alabama v. Brenton Ray CALHOUN.

Supreme Court of Alabama.

June 3, 2005.

Attorney(s) appearing for the Case

Ellen Brooks, district atty., and Tracy L. Roberts, deputy district atty., for petitioner.

Jamie Alisa Tharp of Roger Monroe & Associates, Montgomery; and Bartley E. Tomlinson III of Birdsong & Associates, Montgomery, for respondent.

BOLIN, Justice.

PETITION DENIED. NO OPINION.

NABERS, C.J., and SEE, LYONS, HARWOOD, WOODALL, and PARKER, JJ., concur.

STUART and SMITH, JJ., concur specially.

STUART, Justice (concurring specially).

I recognize the principle of stare decisis, and in light of this Court's decision in State v. Webber, 892 So.2d 869 (Ala.2004), I concur specially in...

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