Stringfellow v. State

Court of Criminal Appeals of Alabama

Stringfellow v. State

520 So. 2d 244, 1987 Ala. Crim. App. LEXIS 5585, 1987 WL 31844

CourtCourt of Criminal Appeals of Alabama

DecidedNovember 24, 1987

Docket5 Div. 345

StatusPublished

Cited by1 cases

This text of 520 So. 2d 244 (Stringfellow 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

Stringfellow v. State, 520 So. 2d 244, 1987 Ala. Crim. App. LEXIS 5585, 1987 WL 31844 (Ala. Ct. App. 1987).

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Opinion

TAYLOR, Judge.

Donald Earl Stringfellow, serving a life sentence for first degree sodomy, petitions for a writ of error coram nobis. We affirmed his conviction on appeal. Stringfellow v. State, 485 So.2d 1238 (Ala.Cr.App.1986). The appellant seeks to have us reconsider such questions as the sufficiency of the evidence and the conduct of the court during voir dire.

Regarding his allegation of ineffective assistance of counsel, the petitioner makes several very specific allegations. He alleges that his counsel caused the court and jury to learn that he was being investigated in the State of Virginia for a similar offense and recites pages and lines in the transcript in support. He alleges that counsel failed to call witnesses in his favor. This cause was dismissed without a hearing by the circuit court. The allegations of the complaint, if not contradicted, are taken to be true. Ex parte Floyd, 457 So.2d 961 (Ala.1984). The allegations of ineffective assistance of counsel were sufficient to entitle petitioner to a hearing. Ex parte Boatwright, 471 So.2d 1257 (Ala.1985). Accordingly, we reverse and remand this cause to the circuit court for further proceedings not inconsistent herewith.

REVERSED AND REMANDED.

All the Judges concur.

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TAYLOR, Judge.

Donald Earl Stringfellow, serving a life sentence for first degree sodomy, petitions for a writ of error coram nobis. We affirmed his conviction on appeal. Stringfellow v. State, 485 So.2d 1238 (Ala.Cr.App.1986). The appellant seeks to have us reconsider such questions as the sufficiency of the evidence and the conduct of the court during voir dire.

Regarding his allegation of ineffective assistance of counsel, the petitioner makes several very specific allegations. He alleges that his counsel caused the court and jury to learn that he was being investigated in the State of Virginia for a similar offense and recites pages and lines in the transcript in support. He alleges that counsel failed to call witnesses in his favor. This cause was dismissed without a hearing by the circuit court. The allegations of the complaint, if not contradicted, are taken to be true. Ex parte Floyd, 457 So.2d 961 (Ala.1984). The allegations of ineffective assistance of counsel were sufficient to entitle petitioner to a hearing. Ex parte Boatwright, 471 So.2d 1257 (Ala.1985). Accordingly, we reverse and remand this cause to the circuit court for further proceedings not inconsistent herewith.

REVERSED AND REMANDED.

All the Judges concur.

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520 So. 2d 244, 1987 Ala. Crim. App. LEXIS 5585, 1987 WL 31844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stringfellow-v-state-alacrimapp-1987.

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