Moore v. State

Supreme Court of Alabama

Decided December 20, 1962

Supreme Court of Alabama · decided 1962-12-20

Cited by 10 later decisions (4 by the Supreme Court) — most recently May 1975

6 state decisions

Key passage — most relied on by later courts

““This court will not in term time, nor will the justices thereof in vacation consider an application for the writ of certiorari, or other remedial writ, or process, for the purpose of reviewing or revising any opinion or decision of the courts of appeals, unless it appears upon the face of the application therefor that application has been made to the appropriate court of appeals for a rehearing of the point or decision complained of, and that said application had been decided adversely to the movant, and the application to this court must be filed with the clerk of this court within fifteen days after the action of the appropriate court of appeals upon the said application for rehearing * *”

quoted by 1 later decision, including American Liberty Insurance Company v. Pack

Relies on Oliver v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1962-12-20

View the full empirical analysis of this case →

HARWOOD, Justice.

¶1Supreme Court Rule 39, Title 7, Code of Alabama 1940 provides that this court will not receive an application for a writ of certiorari for the purpose of reviewing a decision of the Court of Appeals, unless it appears upon the face of the application that application for a rehearing was made in the Court of Appeals and decided adversely to the movant.

¶2The record shows that no application for a rehearing was made in the Court of Appeals. Such defect is jurisdictional. Oliver v. State, 256 Ala. 295, 54 So.2d 618.

¶3The petition for certiorari must be stricken.

¶4Petition stricken.

LIVINGSTON, C. J., and SIMPSON and MERRILL, JJ., concur.