Ex Parte Shula

We granted these petitions for writ of certiorari to determine whether the Court of Criminal Appeals, 465 So.2d 448, erred when it remanded a case to the trial court for a post-conviction evidentiary hearing on the admissibility of a confession. We hold that the post-conviction hearing is an improper procedure in this case and we, therefore, reverse the judgment of the Court of Criminal Appeals.

Jonathan David Shula was convicted in the Circuit Court of Mobile County of first degree rape. He was sentenced to twenty years' imprisonment in the state penitentiary. During the trial, a confession…