Ex parte Jimmy Davis, Jr. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Jimmy Davis, Jr v. State of Alabama)

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Rel: 11/26/08 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 _________________________ 1071293 _________________________ Ex parte Jimmy Davis, Jr. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Jimmy Davis, Jr. v. State of Alabama) (Calhoun Circuit Court, CC-93-534.60; Court of Criminal Appeals, CR-03-2086) WOODALL, Justice. The petition for the writ of certiorari is denied. 1071293 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 Criminal Appeals opinion. of law in the Court of Horsley v. Horsley, 291 Ala. 782, 280 So. 2d 155 (1973). WRIT DENIED. See, Lyons, Stuart, Smith, concur. Murdock, J., dissents. Cobb, C.J., recuses herself. 2 Bolin, and Parker, JJ.,

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