Smith v. State

Court of Criminal Appeals of Alabama

Smith v. State

512 So. 2d 789, 1987 Ala. Crim. App. LEXIS 4556

CourtCourt of Criminal Appeals of Alabama

DecidedJanuary 27, 1987

Docket8 Div. 671

StatusPublished

This text of 512 So. 2d 789 (Smith 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

Smith v. State, 512 So. 2d 789, 1987 Ala. Crim. App. LEXIS 4556 (Ala. Ct. App. 1987).

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Opinions

McMILLAN, Judge.

This is an appeal from a dismissal of a petition for writ of error coram nobis. The trial court dismissed the petition on the premise that the case was pending appeal before the Alabama Court of Criminal Appeals. However, the case pending appeal is not the same case on which the present petition was filed. Therefore, this case is due to be remanded for a hearing on the petition, as the State declined to file a brief and the petition was meritorious on its face. Ex parte Boatwright, 471 So.2d 1257 (Ala.1985).

REMANDED WITH DIRECTIONS.

All the Judges concur.

[790]*790ON RETURN TO REMAND

This cause was remanded with directions that the trial court hold a hearing on the appellant’s petition for writ of error coram nobis. The trial court has issued an order denying the appellant post-conviction relief for failure to comply with Temporary Rule 20, A.R.Cr.P. Following a review of the record, this cause is hereby affirmed.

OPINION EXTENDED; AFFIRMED.

All the Judges concur.

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McMILLAN, Judge.

This is an appeal from a dismissal of a petition for writ of error coram nobis. The trial court dismissed the petition on the premise that the case was pending appeal before the Alabama Court of Criminal Appeals. However, the case pending appeal is not the same case on which the present petition was filed. Therefore, this case is due to be remanded for a hearing on the petition, as the State declined to file a brief and the petition was meritorious on its face. Ex parte Boatwright, 471 So.2d 1257 (Ala.1985).

REMANDED WITH DIRECTIONS.

All the Judges concur.

[790]*790ON RETURN TO REMAND

This cause was remanded with directions that the trial court hold a hearing on the appellant’s petition for writ of error coram nobis. The trial court has issued an order denying the appellant post-conviction relief for failure to comply with Temporary Rule 20, A.R.Cr.P. Following a review of the record, this cause is hereby affirmed.

OPINION EXTENDED; AFFIRMED.

All the Judges concur.

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Bluebook (online)

512 So. 2d 789, 1987 Ala. Crim. App. LEXIS 4556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-alacrimapp-1987.

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