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EX PARTE CLEMONS

1041915.

55 So.3d 348 (2007)

Ex parte Eugene Milton CLEMONS II. (In re Eugene Milton Clemons II v. State of Alabama).

Supreme Court of Alabama.

May 4, 2007.

Attorney(s) appearing for the Case

Anne W. Stukes and Ryan S. Spiegal of Winston & Strawn, LLP, Washington, D.C.; Daniel G. Grove of Jackson Kelly, PLLC, Lexington, Kentucky; and Anne R. Yuengert of Bradley Arant Rose & White, LLP, Birmingham, for petitioner.

Troy King , atty. gen., and J. Clayton Crenshaw and Henry M. Johnson , asst. attys. gen., for respondent.

LYONS, Justice.

Eugene Milton Clemons II petitioned this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals affirming the trial court's denial of his Rule 32, Ala. R.Crim. P., proceeding, and we issued the writ as to three issues. We now quash the writ in part and reverse and remand.

I. Facts and Procedural Background

Clemons was convicted in September 1994 of capital murder in the death of Robert Althouse...

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