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EX PARTE LAYTON

1040210.

911 So.2d 1052 (2005)

Ex parte Richard Jason LAYTON. (In re Jason Layton v. State of Alabama).

Supreme Court of Alabama.

April 29, 2005.

Attorney(s) appearing for the Case

Randy A. Dempsey of Dempsey, Steed, Stewart, Maddox & Gache, LLP, Birmingham; and Tamera K. Erskine, Alabaster, for petitioner.

Troy King, atty. gen., and Stephanie N. Morman and Audrey Jordan, asst. attys. gen., for respondent.

LYONS, Justice.

Richard Jason Layton was convicted in the Tallapoosa Circuit Court of first-degree sexual abuse. The Alabama Court of Criminal Appeals affirmed his conviction and sentence in an unpublished memorandum. Layton v. State (No. CR-03-1093, Sept. 24, 2004), ___ So.2d ___ (Ala.Crim. App.2004) (table). We granted Layton's petition for a writ of certiorari to address his claim that newly discovered evidence mandates a new trial.

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