Ex Parte Carruth

On Application for Rehearing

STUART, Justice.

This Court’s opinion of January 23, 2009, is withdrawn, and the following is substituted therefor.

This Court granted Michael David Car-ruth’s petition for a writ of certiorari to review the judgment of the Court of Criminal Appeals reversing the circuit court’s judgment granting him an “out-of-time” petition for a writ of certiorari to this Court. We quash the writ.

Procedural History

In October 2003, Michael David Carruth was convicted of four counts of capital murder for the intentional killing of William Brett Bowyer, who was less than 14 years of…