Alston v. State (On Reconsideration)

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KEVIN ALSTON, * IN THE * COURT OF APPEALS * OF MARYLAND STATE OF MARYLAND, * September Term, 2005 Respondent * No. 109 Petitioner v. * * * * * * * * * * * * * ORDER The Court having considered the Motion for Reconsideration and Stay of Mandate filed by the State, it is this 16th day of August 2013, ORDERED by the Court of Appeals of Maryland (majority concurring*) that Part B of the Court s previously filed opinion in this case, Alston v. State, Md. , A.3d (2013) (filed June 26, 2013) (slip op. at 10-29), be, and the same is, hereby withdrawn and replaced with The second question the Petitioner asks us to resolve, being moot, shall not be addressed here ; and, it is further ORDERED that the State s request for a stay of the mandate is denied. /s/ Glenn T. Harrell, Jr. Senior Judge * Voting in favor of this action Judges Harrell, Battaglia, Raker, and Wilner. Dissenting Chief Judge Bell, and Judges Greene and Cathell, who would have denied the State s motion in its entirety.

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