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EX PARTE STATE

1050800.

960 So.2d 740 (2006)

Ex parte State of Alabama (In re William Buster HOLT v. STATE of Alabama).

Supreme Court of Alabama.

December 22, 2006.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Kevin C. Newsom, deputy atty. gen., and Stephanie N. Morman and Stephen N. Dodd, asst. attys. gen., for petitioner.

Morgan Butler, Scottsboro, for respondent.

Prior report: Ala.Cr.App., 960 So.2d 726.

BOLIN, Justice.

WRIT QUASHED. NO OPINION.

LYONS, HARWOOD, WOODALL, and SMITH, JJ., concur.

NABERS, C.J., and SEE, STUART, and PARKER, JJ., dissent.

SEE, Justice (dissenting).

I dissent from the decision to quash the writ of certiorari. Kirby v. State, 899 So.2d 968, 974 (Ala.2004), says that the trial judge...

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