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547 So. 2d 1196

Gibson v. State

Court of Criminal Appeals of Alabama · decided 1989-06-30

Cited by 3 later decisions — most recently March 2002

2 state decisions

Relies on 366 So. 2d 336 - Summers v. State · Miles v. State · 396 So. 2d 1089 - Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-06-30

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TAYLOR, Presiding Judge.

¶1Grady Gibson was convicted, along with Eddie Hart, of the murder of Mrs. Dana Hart, Eddie Hart’s wife. Gibson and Hart were tried jointly. For purpose of appeal, their convictions were consolidated and are now under submission in this court in Grady Gibson v. State, 3 Div. 823, and Eddie Hart v. State, 3 Div. 873.

¶2This is an appeal from the circuit court’s denial of Gibson’s petition for post-conviction relief pursuant to Rule 20, Ala.R.Crim. P.Temp. Rule 20 proceedings are an outgrowth of the old coram nobis proceedings. The rule has long been that a coram nobis does not lie if a direct appeal is presently pending in the appellate court. Robinson v. State, 396 So.2d 1089 (Ala.Cr.App.1981); Summers v. State, 366 So.2d 336 (Ala.Cr.App.1978), writ denied, 366 So.2d 346 (Ala.1979). We hold that this rule also applies to Rule 20 proceedings. Accordingly, the Rule 20 proceeding does not lie, and this appeal is due to be dismissed.

¶3APPEAL DISMISSED.

All the Judges concur.
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