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EX PARTE STATE

CR-05-1326.

945 So.2d 492 (2006)

Ex parte State of Alabama. In re Desmond DeJuan PAYNE v. STATE of Alabama).

Court of Criminal Appeals of Alabama.

June 20, 2006.

Attorney(s) appearing for the Case

Eleanor I. Brooks, district atty., and Michael Dean, deputy district atty., for petitioner.

Lynne R. Thrower and K. David Sawyer, Administrative Office of Courts, Montgomery, for respondent Judge Charles Price.

Note from the reporter of decisions: The State petitioned the Court of Criminal Appeals for a writ of mandamus asking that Court to direct Judge Charles Price to rescind his order granting Desmond DeJuan Payne's motion for a judgment of acquittal. On June 20, 2006, the Alabama Court of Criminal Appeals issued an order denying the State's petition, holding that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution barred Payne's retrial. Judge...

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