Legal Opinion

Battle v. State

Court of Criminal Appeals of Alabama

Decided April 28, 1987No. 8 Div. 720PublishedCited by 1 opinion

1Opinion of the Court

BOWEN, Presiding Judge.

This is an appeal from the denial of a pro se petition for writ of error coram nobis.

The petition was improperly denied without an evidentiary hearing.

“An evidentiary hearing on a coram no-bis petition is required only if the petition is ‘meritorious on its face.’ Ex parte Boatwright, 471 So.2d 1257 (Ala.1985). A petition is ‘meritorious on its face’ only if it contains a clear and specific statement of the grounds upon which relief is sought, including full disclosure of the facts relied upon (as opposed to a general statement concerning the nature and effect of those…

2Cases cited4 opinions

  1. Ex Parte BoatwrightSupreme Court of Alabama · 1985
  2. Ex Parte ClisbySupreme Court of Alabama · 1987
  3. Moore v. StateSupreme Court of Alabama · 1986
  4. Ellison v. StateCourt of Criminal Appeals of Alabama · 1981

3Cited by1 opinion

  1. Henley v. StateCourt of Criminal Appeals of Alabama · 1991

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