Allen v. State

Court of Criminal Appeals of Alabama

Allen v. State

453 So. 2d 770, 1984 Ala. Crim. App. LEXIS 5594

CourtCourt of Criminal Appeals of Alabama

DecidedJune 26, 1984

Docket8 Div. 113

StatusPublished

Cited by1 cases

This text of 453 So. 2d 770 (Allen v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. State, 453 So. 2d 770, 1984 Ala. Crim. App. LEXIS 5594 (Ala. Ct. App. 1984).

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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]*771eluding 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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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]*771eluding 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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Bluebook (online)

453 So. 2d 770, 1984 Ala. Crim. App. LEXIS 5594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-alacrimapp-1984.

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