Ex parte State of Alabama. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Manuel Darwin Nickens v. State of Alabama)

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Rel: 09/28/07 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIAL TERM, 2007 _________________________ 1061120 _________________________ Ex parte State of Alabama PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Manuel Darwin Nickens v. State of Alabama) (Cullman Circuit Court, CC-04-432.60; Court of Criminal Appeals, CR-06-0109) WOODALL, Justice. The writ of certiorari is quashed. 1061120 In quashing the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements opinion. of law in the Court of Criminal Appeals Horsley v. Horsley, 291 Ala. 782, 280 So. 2d 155 (1973). WRIT QUASHED. See, Lyons, Stuart, Smith, Bolin, Parker, and Murdock, JJ., concur. Cobb, C.J., recuses herself. 2

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