¶2JOHNSTONE, Justice (concurring specially).
¶3But for one reservation, I concur in the scholarly main opinion. My one reservation is that, to the extent that the description of Ex parte Kelley, 870 So.2d 711 (Ala. 2003), contained in the main opinion in the case now before us conflicts with my dissent in Ex parte Kelley, I adhere to the content of that dissent and do not agree to the content of the main opinion in the case now before us. This reservation, however, does not detract from my endorsement of the holdings and the judgment in the main opinion in the case now before us, because I agree that this case is starkly distinguishable from Ex parte Kelley.