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43 Ala. App. 554

Ex parte Barnes

Alabama Court of Appeals

Decided January 31, 1967

Alabama Court of Appeals · decided 1967-01-31

Good law ✅— No negative treatment on recordhow we know

Decided 1967-01-31

How this case has been cited

Cited by 12 later decisions — most recently January 2009

1 federal appellate · 10 state decisions

5019671970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CATES, Judge.

¶1December 15, 1966, Barnes filed here an original petition for mandamus. The writ he seeks would issue to the Jackson Circuit Court to compel a hearing on coram nobis.

¶2This latter writ was sought, it is averred, October 7, 1966. Barnes seeks post conviction review of a second degree murder conviction of September 22, 1965, which carried a fifteen year prison term.

¶3By analogy to Code 1940, T. 7, § 248, the State has thirty days to demur to or answer the coram nobis complaint. Thus, a period of a scant five weeks past this time1 does not exhibit prima facie a need for the compulsory writ of mandamus.

¶4 Barnes’s coram nobis action does not either by statute or precedent merit a preferred standing on the trial court’s docket. Barnes’s original conviction was intended to dispose of the charge in the indictment. Hence, when his right to direct review has gone by, he is cast only upon extraordinary remedies.

¶5The petition is

¶6Denied.

¶7. Calculated from last date for answering.

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