# Allen v. State

> Court of Criminal Appeals of Alabama · June 26, 1984 · 453 So. 2d 770

URL: https://www.frixlaw.com/law-library/cases/7535405

## Case

- **Full name:** Walter Lee Allen v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** June 26, 1984
- **Citations:** 453 So. 2d 770; 1984 Ala. Crim. App. LEXIS 5594
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Harris
- **Judges:** Harris
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7535405

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7535405. Public record. Not legal advice.