Zeigler v. State

DeCARLO, Judge.

This is an appeal from the denial of a petition for writ of error coram nobis. Petitioner was arrested in 1978 for obtaining Talwin with a forged prescription. He was indicted, and on December 11, 1979, he entered a plea of guilty to the charge.

After the Alabama Supreme Court held, in McCurley v. State, 390 So.2d 31 (Ala.1980), that the State Board of Health had not complied with the statutory procedure for determining Talwin to be a controlled substance, petitioner filed a petition for writ of error coram nobis attacking the validity of his conviction.

In McCurley v. State,…