Legal Opinion

Allen v. State

Court of Criminal Appeals of Alabama

Decided June 26, 1984No. 8 Div. 113PublishedCited by 1 opinion

1Opinion of the Court

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-*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…

2Cases cited4 opinions

  1. Cooper v. WimanSupreme Court of Alabama · 1962
  2. Fields v. StateCourt of Criminal Appeals of Alabama · 1981
  3. Brown v. StateCourt of Criminal Appeals of Alabama · 1983
  4. Collins v. StateCourt of Criminal Appeals of Alabama · 1982

3Cited by1 opinion

  1. State v. PowellSupreme Court of Alabama · 1994

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API