Ellison v. State

The petitioner appeals from the summary denial of his petition for writ of error coram nobis

The petition contains matters and allegations (among others, ineffective assistance of counsel) which, if true, entitle the petitioner to relief. Since the petition is meritorious on its face, the petitioner should have been afforded a hearing on the merits. Henry v. State, 387 So.2d 328 (Ala.Cr.App. 1980)

We note that the circuit court judge who denied the petition is alleged to be the same judge who accepted the petitioner's guilty pleas and who sentenced him thereon. Undoubtedly, this judge has…