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DIAZ v. STATE

Supreme Court of Alabama.
Jul 26, 1985

PER CURIAM.

WRIT DENIED.

FAULKNER, JONES, ALMON, and ADAMS, JJ., concur.

TORBERT, C.J., concurs specially.

TORBERT, Chief Justice (concurring specially).

I agree that the writ should be denied. However, I wish to point out that I do not agree with the Court of Criminal Appeals' conclusion that the factual statement of the disciplinary court is inadequate. I agree with the Court of Criminal Appeals' conclusion, 474 So.2d 171, that petitioner was entitled to a hearing in circuit court on the merits of his allegations only because he was allegedly denied an opportunity to cross-examine witnesses at the disciplinary hearing.