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453 So. 2d 770

Allen v. State

Court of Criminal Appeals of Alabama · decided 1984-06-26

Cited by 1 later decisions — most recently March 1994

1 state decisions

Relies on Foti v. Immigration & Naturalization Service · Cooper v. Wiman · 407 So. 2d 186 - Fields v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-06-26

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HARRIS, Judge.

¶1This is an appeal of the trial court’s refusal to take jurisdiction of appellant’s petition for writ of habeas corpus.

¶2From aught that appears in the record, the trial court was correct in con-*771eluding that appellant’s petition presented only “factual issues which cannot be reached by habeas corpus proceedings,” and in refusing to take jurisdiction. “It is a well-settled principle of law in Alabama that a writ of habeas corpus cannot be used to replace a writ of error [coram nobis] or an appeal.” Cooper v. Wiman, 273 Ala. 699, 145 So.2d 216 (1962), cert. denied, 371 U.S. 958, 83 S.Ct. 516, 9 L.Ed.2d 505 (1963); see also, Fields v. State, 407 So.2d 186 (Ala.Crim.App.1981); Collins v. State, 424 So.2d 693 (Ala.Crim.App.1982); Brown v. State, 429 So.2d 674 (Ala.Crim.App.1983).

¶3Consequently, the trial court’s judgment in refusing jurisdiction is due to be affirmed.

¶4AFFIRMED.

All the Judges concur.
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