Opinion
1171025
03-29-2019
Ex parte Aaron Cody Smith (In re: State of Alabama v. Aaron Cody Smith)
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 .
PETITION FOR WRIT OF MANDAMUS
(Montgomery Circuit Court, CC-16-1397)
On Application for Rehearing
BOLIN, Justice.
APPLICATION OVERRULED. NO OPINION.
Bryan, Sellers, and Stewart, JJ., concur.
Mitchell, J., concurs in part and dissents in part.
Mendheim, J., dissents.
Parker, C.J., and Shaw and Wise, JJ., recuse themselves. MITCHELL, Justice (concurring in part and dissenting in part).
I concur to overrule the State's application for a rehearing to the extent it asks this Court to reconsider that part of the Court's January 11, 2019, opinion directing the trial-court judge to recuse himself in the murder case involving the defendant Aaron Cody Smith. I would, however, grant the State's application to the extent it seeks a rehearing of the Court's judgment directing the trial court to grant Smith's motion seeking a change of venue. I find Justice Mendheim's analysis of the venue issue, as expressed in his writing concurring in part and dissenting in part as to the opinion on original submission, to be persuasive.