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EX PARTE ATCHLEY

1050629.

951 So.2d 769 (2006)

Ex parte State of Alabama. (In re Ex parte Hal Maxim ATCHLEY (In re State of Alabama v. Hal Maxim Atchley)).

Supreme Court of Alabama.

August 18, 2006.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Kevin C. Newsom, deputy atty. gen., and Marc A. Starrett, asst. atty. gen., for petitioner.

Parker Edmiston, Scottsboro; and Robert T. Ray, Fort Payne, for respondent Hal Maxim Atchley.

H.W. "Bucky" McMillan, presiding judge, and Sue Bell Cobb, Pamela W. Baschab, Greg Shaw, and A. Kelli Wise, judges, for respondent Alabama Court of Criminal Appeals.

Prior report: Ala.Cr.App., 951 So.2d 764.

NABERS, Chief Justice.

PETITION DENIED. NO OPINION.

LYONS, HARWOOD, WOODALL, BOLIN, and PARKER, JJ., concur.

SEE, STUART, and SMITH, JJ., dissent.

SEE, Justice (dissenting).

I dissent from the decision not to issue the writ and order the Court of Criminal Appeals to vacate its judgment compelling Judge Jenifer C. Holt to recuse herself from this case...

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