
    Ex parte State of Alabama. (In re Darren HUFF v. STATE).
    1950300.
    Supreme Court of Alabama.
    April 5, 1996.
    Jeff Sessions, Atty. Gen., and Joseph G.L. Marston III, Asst. Atty. Gen., for Petitioner.
    James McNeill, Selma, for Respondent.
   HOOPER, Chief Justice.

WRIT DENIED. NO OPINION.

ALMON, SHORES, KENNEDY, and INGRAM, JJ., concur.

MADDOX, HOUSTON, COOK, and BUTTS, JJ., dissent.

COOK, Justice

(dissenting).

I respectfully dissent from the majority’s denial of the State’s petition for a writ of certiorari. I concur with this statement in Judge Cobb’s dissent: -“It was [Huffs] decision to withdraw his motion for a mistrial and to take his chances with the jury. This was his choice; and when he made it, he waived his right to use [the appearance at his trial of a convicted co-defendant, who refused to testify] as grounds for appeal.” Huff v. State, 678 So.2d 293, 301 (Ala.Crim.App.1995) (Cobb, J., dissenting).

MADDOX and HOUSTON, JJ., concur.  