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Allen v. State

Court of Criminal Appeals of Alabama
Jun 26, 1984
453 So. 2d 770 (Ala. Crim. App. 1984)

Opinion

8 Div. 113.

June 26, 1984.

Appeal from the Circuit Court, Morgan County, Rudolph W. Slate, J.

Walter Lee Allen, pro se.

Charles A. Graddick, Atty. Gen. and H.P. Nelson, Asst. Atty. Gen., for appellee.


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 concluding 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.


Summaries of

Allen v. State

Court of Criminal Appeals of Alabama
Jun 26, 1984
453 So. 2d 770 (Ala. Crim. App. 1984)
Case details for

Allen v. State

Case Details

Full title:Walter Lee ALLEN v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Jun 26, 1984

Citations

453 So. 2d 770 (Ala. Crim. App. 1984)

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