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EX PARTE CARRUTH

1071618.

21 So.3d 770 (2009)

Ex parte Michael David CARRUTH (In re State of Alabama v. Michael David Carruth).

Supreme Court of Alabama.

April 24, 2009.

Attorney(s) appearing for the Case

Bryan Stevenson, Randall Susskind, Charlotte Morrison, and Alicia D'Addario, Equal Justice Initiative, Montgomery: and Glenn L. Davidson, Mobile, for petitioner.

Troy King, atty. gen., and Jasper B. Roberts, Jr., asst. atty. gen., for respondent.

On Application for Rehearing

STUART, Justice.

This Court's opinion of January 23, 2009, is withdrawn, and the following is substituted therefor.

This Court granted Michael David Carruth's petition for a writ of certiorari to review the judgment of the Court of Criminal Appeals reversing the circuit court's judgment granting him an "out-of-time" petition for a writ of certiorari to this Court. We quash...

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