Whitson v. State

Appellant filed a petition for writ of error coram nobis in the Circuit Court of Jefferson County. Appellant alleged in his petition ineffective and inadequate counsel at trial. The trial court denied the petition without giving appellant an evidentiary hearing. This appeal follows.

The State did not file a brief and admitted by separate letter that appellant is entitled to an evidentiary hearing on the allegations in the petition, based on the authority of Kennedy v. State,409 So.2d 1010 (Ala.Cr.App. 1982), and Ellison v. State,406 So.2d 439 (Ala.Cr.App. 1981). Evidently, neither party to the…