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Chaverst v. State

Court of Criminal Appeals of Alabama
Nov 10, 1987
517 So. 2d 643 (Ala. Crim. App. 1987)

Summary

holding that, when the State does not refute a petitioner's allegation, the unrefuted statements must be taken as true

Summary of this case from Abner v. State

Opinion

6 Div. 486.

November 10, 1987.

Appeal from the Circuit Court, Jefferson County, J. Richmond Pearson, J.

Melvin Chaverst, Jr., pro se.

Don Siegelman, Atty. Gen., and James B. Prude, Asst. Atty. Gen., for appellee.


This is an appeal from the denial of a pro se petition for writ of error coram nobis. The appellant alleges therein that he was denied effective assistance of counsel because his attorney failed to interview two witnesses whose names were given to him by the appellant. He further states that his counsel failed to appeal his conviction to this Court even after the appellant expressed his desire to appeal.

The State did not respond to the allegations of the appellant. Therefore, "the unrefuted facts set out by the petitioner must be taken as true." Ex parte Floyd, 457 So.2d 961, 962 (Ala. 1984); Hall v. State, 495 So.2d 717, 718 (Ala.Cr.App. 1986). Because the petition is meritorious on its face, this case is reversed and remanded with directions that an evidentiary hearing be held. Id. at 718.

REVERSED AND REMANDED WITH DIRECTIONS.

All the Judges concur.


Summaries of

Chaverst v. State

Court of Criminal Appeals of Alabama
Nov 10, 1987
517 So. 2d 643 (Ala. Crim. App. 1987)

holding that, when the State does not refute a petitioner's allegation, the unrefuted statements must be taken as true

Summary of this case from Abner v. State

holding that, when the State does not refute a petitioner's allegation, the unrefuted statements must be taken as true

Summary of this case from Bell v. State

addressing unrefuted allegations in a petition for writ of error coram nobis

Summary of this case from Ex Parte Knight
Case details for

Chaverst v. State

Case Details

Full title:Melvin CHAVERST, Jr. v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Nov 10, 1987

Citations

517 So. 2d 643 (Ala. Crim. App. 1987)

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