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CLEMONS v. STATE

CR-01-1355.

55 So.3d 360 (2007)

Eugene Milton CLEMONS II v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 18, 2008.

Certiorari Denied August 13, 2010.

Alabama Supreme Court 1070535.

Attorney(s) appearing for the Case

James S. Christie, Jr. , Birmingham; Anne R. Yuengert , Birmingham; Daniel G. Grove , Washington, D.C.; and Marc Z. Michael , Washington, D.C. (withdrawn 04/01/2005); and Anne W. Stukes , Washington, D.C., for appellant.

William H. Pryor, Jr. , and Troy King , attys. gen., and Anne C. Adams , James Clayton Crenshaw, and Henry Mitchell Johnson , asst. attys. gen., for appellee.

Prior report: Ala., 55 So.3d 348.

On Remand from the Alabama Supreme Court

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, SHAW, WISE, and WELCH, JJ., concur.

BASCHAB, P.J., concurs specially, with opinion.

BASCHAB, Presiding Judge, concurring specially.

I concur with the majority's decision in the unpublished memorandum in this case. However, I am compelled to write specially to address the Alabama Supreme Court's holding in this case that...

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