¶2I agree with the main opinion's decision to reverse and remand based on violations of the appellant's due process rights. However, I do not agree with the main opinion's comments about the merits of some of the appellant's claims, including his claims of ineffective assistance during the penalty phase. At this point, such comments are speculative and inappropriate. Accordingly, I respectfully concur in the result.8
8 I also note that I adhere to my concurrence in the result in Smith v. State, 918 So.2d 141 (Ala.Crim.App. 2005), which is being released today.
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