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EX PARTE WILDING

1080339.

41 So.3d 75 (2009)

Ex parte Albert WILDING. (In re Ex parte State (In re State of Alabama v. Albert Wilding)).

Supreme Court of Alabama.

December 30, 2009.

Attorney(s) appearing for the Case

Raymond Johnson, Montgomery; and Beverly Howard, Montgomery, for petitioner.

Troy King, atty. gen., and Donald G. Valeska II, asst. atty. gen., for respondents.

A. Kelli Wise, presiding judge, and Samuel H. Welch, Mary Becker Windom, and J. Elizabeth Kellum, judges, Alabama Court of Criminal Appeals.

Kathryn A. King, Cullman, for amicus curiae Alabama Criminal Defense Lawyers Association, in support of the petitioner.

On Application for Rehearing

PARKER, Justice.

This Court's opinion of September 25, 2009, is withdrawn, and the following is substituted therefor.

The issue before this Court is whether the Court of Criminal Appeals erred when it ordered the Montgomery Circuit Court to set aside an order setting bail for a defendant who was being held under indictment for a capital crime. The Court of Criminal Appeals issued a writ of mandamus directing the...

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