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SMITH v. STATE

CR-97-1258.

213 So.3d 255 (2007)

Jerry Jerome SMITH v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion on Return to Fourth Remand January 16, 2009.

Rehearing Denied May 1, 2009.

Attorney(s) appearing for the Case

Jon Christopher Capps (withdrew 9/12/2007); Robert Aaron Gartlan , Dothan; Kathleen M. Nemish , Dothan (withdrew 10/15/2003); and Angela L. Setzer and Bryan A. Stevenson , Montgomery; and Rebecca Kiley , Montgomery, for appellant.

Jon Christopher Capps (withdrew 9/12/2007); Robert Aaron Gartlan , Dothan; Kathleen M. Nemish , Dothan (withdrew 10/15/2003); Angela L. Setzer and Bryan A. Stevenson , Montgomery; and Rebecca Kiley , Montgomery, for appellant (On return to 4th remand).

William H. Pryor, Jr. , and Troy King , attys. gen., and Kathryn D. Anderson , Michael A. Nunnelley , and Beth Jackson Hughes , asst. attys. gen., for appellee.

William H. Pryor, Jr. , and Troy King , attys. gen., and Kathryn D. Anderson , Michael A. Nunnelley , Beth Jackson Hughes , and Henry Mitchell Johnson , asst. attys gen., for appellee (On return to 4th remand).

On Remand from the Alabama Supreme Court

In accordance with the Alabama Supreme Court's opinion in Smith v. State, [Ms. 1060427, May 25, 2007] 213 So.3d 239 (Ala.2007), we remand this case to the trial court with instructions that that court conduct proceedings...

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