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421 So. 2d 1306

Payne v. State

Supreme Court of Alabama

Decided November 5, 1982

Supreme Court of Alabama · decided 1982-11-05

Relies on 391 So. 2d 140 - Payne v. State · 421 So. 2d 1303 - Payne v. State

Decided 1982-11-05

PER CURIAM.

¶1Writ quashed, 421 So.2d 1303, as improvidently granted.

¶2In quashing the writ, we agree with the Court of Criminal Appeals, 391 So.2d 140, that the absolute rule of the trial court that deprives a defendant of the right to consult with counsel while the defendant is in the process of testifying is overly broad and overly restrictive. By quashing the writ, however, we do not intend to suggest that a trial judge is without some discretion in the area.

¶3WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and FAULKNER, JONES, ALMON, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur.
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