State v. Herring

I agree with the majority’s conclusion that the trial court had jurisdiction to rule on Franklin E. Herring’s request for an appeal bond and, therefore, that the writ of prohibition should not issue. I write specially only to address the dissent and thereby to provide another perspective should the Alabama Supreme Court have the opportunity to review this issue.1

*1220Relying on the general rule that jurisdiction of one case cannot be in two courts at the same time, see the cases collected at 2 Ala. Digest 2d, Appeal and Error § 436 (1993), the dissent adopts the State’s argument that a defendant’s…