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Cochran, J., delivered the opinion of the Court in which Keller, P.J., Meyers, Johnson, Keasler, and Hervey, JJ., joined. Price and Womack, JJ., dissented.

OPINION

The real party in interest in this writ of mandamus and prohibition action is John Edward Green, Jr., the defendant in a pending capital murder case. Mr. Green has been charged with the capital murder of Tina Vo, and the State has given notice of its intent to seek the death penalty. The case has not gone to trial and no one knows what evidence the State will offer at trial. No one knows whether a jury will convict Mr. Green of capital murder if he is tried. No one knows whether Mr. Green will be sentenced to death by a jury of his peers if that jury should find him guilty of capital murder.

 
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