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EX PARTE APICELLA

1091436.

87 So.3d 1150 (2011)

Ex parte Andrew Anthony APICELLA. (In re Andrew Anthony Apicella v. State of Alabama).

Supreme Court of Alabama.

May 13, 2011.

Attorney(s) appearing for the Case

William M. Bowen, Jr. , of White Arnold Andrew & Dowd PC, Birmingham, for petitioner.

Troy King and Luther Strange , attys. gen., and John Neiman, Jr. , and Henry M. Johnson , asst. attys. gen., for respondent.

WOODALL, Justice.

Andrew Anthony Apicella petitioned this Court for the writ of certiorari, which we granted for the limited purpose of determining whether the Court of Criminal Appeals' judgment, insofar as it affirmed the trial court's decision to strike Apicella's third amended petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P., conflicts with prior caselaw. We hold that the Court of Criminal Appeals' decision does conflict with Ex...

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