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EX PARTE STEWART

1100600.

74 So.3d 944 (2011)

Ex parte Sarah H. STEWART, Circuit Judge, 13th Judicial Circuit. (In re Ex parte Kevin Byrd (In re State of Alabama v. Kevin Byrd)).

Supreme Court of Alabama.

June 30, 2011.

Attorney(s) appearing for the Case

Martha Tierney , asst. dist. atty., Mobile County, for petitioner.

Charles H. Jones, Jr. , Mobile, for respondent Kevin Byrd.

Samuel Henry Welch , presiding judge, and Mary Becker Windom , J. Elizabeth Kellum , Liles C. Burke , and J. Michael Joiner , judges, Alabama Court of Criminal Appeals, for respondents.

Luther Strange , atty. gen., and John C. Neiman, Jr. , and Prim F. Escalona , deputy attys. gen., amicus curiae Attorney General Luther Strange, in support of the petitioner.

Barry D. Matson , Montgomery, amicus curiae Alabama District Attorneys Association, in support of the petitioner.

MAIN, Justice.

The Honorable Sarah H. Stewart, a circuit judge in the 13th Judicial Circuit, petitions this Court for a writ of mandamus directing the Court of Criminal Appeals to quash the writ of mandamus it issued to the circuit court by an unpublished order. Ex parte Byrd (No. CR-10-0035, Feb. 9, 2011), ___ So.3d ___ (Ala. Crim.App.2011) (table).1 We grant the petition and issue the writ.

I. Factual Background

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