State v. Herring

I respectfully dissent from this Court’s denial of the State’s petition for a writ of prohibition directing Judge Charles W. Fleming to set aside his order allowing Franklin E. Herring to be released on bond pending the outcome of his appeal to this Court.

In June 2005, Herring was convicted of manslaughter; he was sentenced in August 2005 to 11 years in the state penitentiary. On August 24, 2005, Herring filed a timely motion for a new trial. The motion was deemed denied by operation of law on October 3, 2005.5 See Rule 24.4, Ala.*1223R.Crim.P. Herring filed a timely notice of appeal on November…