Wadsworth v. State

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

The appellant, Donald Wadsworth, was indicted in St. Clair County for first degree robbery and tried three times. In the first trial, the prosecutor's remarks occasioned a mistrial. A deadlocked jury caused a mistrial in the second trial. Co-defendant Steve McCullars did not testify in the first two trials but testified against the appellant in the third trial. That third trial resulted in a conviction which was affirmed on appeal. Wadsworth v. State, 439 So.2d 790 (Ala.Cr.App. 1983), cert. denied, 466 U.S. 930, 104…