Smith v. State (In re Iii.)

• Decision Date: 16 November 2012
• Docket Number: 1111480.
• Citation: 112 So.3d 1152
• Parties: Ex parte Willie B. SMITH III. (In re Willie B. Smith III v. State of Alabama).
• Court: Alabama Supreme Court

112 So.3d 1152

Ex parte Willie B. SMITH III.(In re Willie B. Smith III

v.State of Alabama).

1111480.

Supreme Court of Alabama.

Nov. 16, 2012.

(Jefferson Circuit Court, CC–92–1289.60; Court of Criminal Appeals, CR–08–1583; J. William Cole, J.)

Kathryn R. Eldridge of Maynard, Cooper & Gale, P.C., Birmingham; Hugh A. Abrams of Sidley Austin LLP, Chicago, Illinois; and Tung Nguyen of Sidley Austin LLP, Dallas, Texas, for petitioner.

Submitted on petitioner's brief only.

Prior report: Ala.Cr.App., 112 So.3d 1108.

STUART, Justice.

The petition for the writ of certiorari is denied.

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 Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

WRIT DENIED.

MALONE, C.J., and WOODALL, BOLIN, PARKER, and SHAW, JJ., concur.

MURDOCK, J., dissents.

MAIN and WISE, JJ., recuse themselves.^*

* Justice Main and Justice Wise were members of the Court of Criminal Appeals when that court considered this case.