Bishop v. State

The State of Alabama petitioned this Court for a writ of certiorari after the Court of Criminal Appeals had refused to allow the State to file an application for rehearing on the ground that that court no longer accepted applications for rehearing on "intervening remands," i.e., orders remanding the cause but not making a final determination of it. We granted the writ to review that decision. We now reverse and remand.

The following legal questions are presented:

1. Did the Court of Criminal Appeals err in refusing to accept the State's application for rehearing on the ground that…