Milton D. Lizana v. State of Alabama

The district court denied this habeas corpus petition filed by an Alabama state prisoner for failure “to exhaust his presently available State remedies.” It is true that appellant has failed to appeal from the denial of his coram nobis petition, and the six-month period allowed for appeal from that order of May 21, 1967, had not expired when he filed his petition below on September 25, 1967, or when the court denied that petition. See Allen v. State, 42 Ala.App. 9, 150 So.2d 399, 401 (1963). Nevertheless, the appeal period has now expired and there is no state remedy presently available to…