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Ellison v. State

Court of Criminal Appeals of Alabama
Oct 27, 1981
406 So. 2d 439 (Ala. Crim. App. 1981)

Summary

In Ellison however, Judge Bowen noted that the record there contained "no evidence to contradict petitioner's allegations."

Summary of this case from McLeod v. State

Opinion

4 Div. 934.

October 6, 1981. Rehearing Denied October 27, 1981.

Appeal from the Circuit Court, Covington County, F.M. Smith, J

Mickey Ellison, pro se

Charles A. Graddick, Atty. Gen., and Cedric R. Perry, Asst Atty. Gen., for appellee


The petitioner appeals from the summary denial of his petition for writ of error coram nobis

The petition contains matters and allegations (among others, ineffective assistance of counsel) which, if true, entitle the petitioner to relief. Since the petition is meritorious on its face, the petitioner should have been afforded a hearing on the merits. Henry v. State, 387 So.2d 328 (Ala.Cr.App. 1980)

We note that the circuit court judge who denied the petition is alleged to be the same judge who accepted the petitioner's guilty pleas and who sentenced him thereon. Undoubtedly, this judge has personal knowledge of the events and circumstances surrounding this case which have not been made a part of this record. However, this Court is bound by the record which contains no evidence to contradict petitioner's allegations

Under these circumstances this Court has no alternative but to reverse the judgment of the Circuit Court. This cause is remanded with directions that an evidentiary hearing be held at which the defendant is present and represented by counsel

REVERSED AND REMANDED WITH DIRECTIONS

All Judges concur


Summaries of

Ellison v. State

Court of Criminal Appeals of Alabama
Oct 27, 1981
406 So. 2d 439 (Ala. Crim. App. 1981)

In Ellison however, Judge Bowen noted that the record there contained "no evidence to contradict petitioner's allegations."

Summary of this case from McLeod v. State
Case details for

Ellison v. State

Case Details

Full title:Mickey ELLISON v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Oct 27, 1981

Citations

406 So. 2d 439 (Ala. Crim. App. 1981)

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Henry v. State, 387 So.2d 328 (Ala.Cr.App. 1980)." Ellison v. State, 406 So.2d 439, 440 (Ala.Cr.App. 1981).…

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