Ex parte James McConico, Jr. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS

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REL:02/13/2009 Ex parte James McConico 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 OCTOBER TERM, 2008-2009 _________________________ 1080231 _________________________ Ex parte James McConico, Jr. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: James McConico, Jr. v. State of Alabama) (Montgomery Circuit Court, CV-07-1301; Court of Civil Appeals, 2070554) SHAW, Justice. The petition for the writ of certiorari is denied. 1080231 In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals opinion. Horsley v. Horsley, 291 Ala. 782, 280 So. 2d 155 (1973). WRIT DENIED. Cobb, C.J., and Woodall, Smith, and Parker, JJ., concur. 2

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