Opinion

Lawyer v. State

  • 46 Ala. App. 190
  • 239 So. 2d 332
  • 1970 Ala. Crim. App. LEXIS 403
Court
Court of Criminal Appeals of Alabama
Filed
Sep 15, 1970
Status
Published
Author
Cates
On the bench
Cates
Cited by
0 cases
Authority
More cited than 11.8%

The opinion

CATES, Judge.

Appeal from denial of coram nobis by an indigent convict serving a life sentence.

The only point made on appeal is that Lawyer had no lawyer at hearings before the Pardon and Parole Board. These led to revocations of paroles on two separate occasions. See Code 1940, T. 42, § 12.

The statute (§ 12, supra) provides no appeal from a parole court. Nor does it confer power on the Pardon and Parole Board when sitting as a parole court to appoint counsel for indigent prisoners.

At this writing the absence of this power is not a denial of due process or equal protection. A parole court is not an adversary proceeding. Dunn v. California Department of Corrections, 9 Cir., 401 F.2d 340 . We do not construe the opinion of Bloodworth, J., in State v. Peoples, 284 Ala. *191 657 , 227 So.2d 426 , as indicating a contrary view.

Apart from the foregoing, we hold that the writ of error coram nobis is not a proper mode to review the proceedings of a parole court. Coram nobis is addressed to self-revisory powers of the conscience of the court where the conviction arose.

The judgment below is due to be

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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