Opinion

Allen v. State

  • 453 So. 2d 770
  • 1984 Ala. Crim. App. LEXIS 5594
Court
Court of Criminal Appeals of Alabama
Filed
Jun 26, 1984
Status
Published
Author
Harris
On the bench
Harris
Cited by
1 cases
Authority
More cited than 47.0%

The opinion

HARRIS, Judge.

This is an appeal of the trial court’s refusal to take jurisdiction of appellant’s petition for writ of habeas corpus.

From aught that appears in the record, the trial court was correct in con- *771 eluding that appellant’s petition presented only “factual issues which cannot be reached by habeas corpus proceedings,” and in refusing to take jurisdiction. “It is a well-settled principle of law in Alabama that a writ of habeas corpus cannot be used to replace a writ of error [coram nobis] or an appeal.” Cooper v. Wiman, 273 Ala. 699 , 145 So.2d 216 (1962), cert. denied, 371 U.S. 958 , 83 S.Ct. 516 , 9 L.Ed.2d 505 (1963); see also, Fields v. State, 407 So.2d 186 (Ala.Crim.App.1981); Collins v. State, 424 So.2d 693 (Ala.Crim.App.1982); Brown v. State, 429 So.2d 674 (Ala.Crim.App.1983).

Consequently, the trial court’s judgment in refusing jurisdiction is due to be affirmed.

AFFIRMED.

All the Judges concur.

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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