Shuttlesworth v. State

On Rehearing

Both parties have moved for rehearing. The City’s motion for rehearing was filed one day late and cannot be considered.

Shuttlesworth, on his part, argues that the form of the request should have been treated alternatively as a petition for writ of error coram nobis.

An appeal in habeas corpus can be alternatively treated by the Supreme Court or this court as an application for leave to proceed for coram nobis in a trial court. This was the mode of entry in Johnson v. Williams, 244 Ala. 391, 13 So.2d 683.

However, in view of the fact that appeal to this court (Shuttlesworth v.…