Wilbanks v. State

ON REHEARING

CATES, Judge.

The Attorney General has applied for a rehearing. Wilbanks’s counsel has moved that we strike the application.

I

Wilbanks’s motion to strike is basically grounded on Rule 39 of the Rules of the Supreme Court of Alabama. Motions under this rule cannot be taken up by this court because they are premised on (a) final disposition of an appeal in this court, and (b) the adversary’s applying to the Supreme Court for certiorari or “other remedial writ” for the purpose of that court’s reviewing the “opinion or decision” of this court.

Clearly, Rule 39 is but a regulation of…