Carroll v. State

Court of Criminal Appeals of Alabama

Carroll v. State

468 So. 2d 185, 1984 Ala. Crim. App. LEXIS 5144

CourtCourt of Criminal Appeals of Alabama

DecidedMay 22, 1984

Docket8 Div. 80

StatusPublished

Cited by2 cases

This text of 468 So. 2d 185 (Carroll 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.

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Carroll v. State, 468 So. 2d 185, 1984 Ala. Crim. App. LEXIS 5144 (Ala. Ct. App. 1984).

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Opinion

HARRIS, Judge.

Bruce Carroll’s petition for a writ of error coram nobis was denied without a hearing by the trial court.

The state concedes, and, from aught that appears in the record, we must agree, that the trial court erred in refusing to hold an evidentiary hearing on appellant’s claim of ineffective assistance of counsel. The other issues raised in appellant’s petition are without merit.

The trial court’s denial of appellant’s petition is, hereby, set aside and the trial court is directed to conduct an evidentiary hearing to determine the merits of appellant’s claim of ineffective assistance of counsel. At this hearing the appellant must be present and represented by counsel. See, Ellison v. State, 406 So.2d 439 (Ala.Cr.App.1981).

REMANDED WITH DIRECTIONS.

All the Judges concur.

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