Allison v. State, 6 Div. 165
Decision Date | 21 January 1965 |
Docket Number | 6 Div. 165 |
Parties | Dewey ALLISON v. STATE of Alabama. |
Court | Alabama Supreme Court |
Dewey Allison, pro se.
Richmond M. Flowers, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for the State.
Petitioner has filed a petition for writ of error in connection with his sentence of life imprisonment for murder in the first degree in May, 1960. The State has moved that the petition be stricken and the motion is due to be granted.
In this petition, he raises a few of the grounds that he has formerly raised in this court and in Federal courts. The cited opinions discuss all the questions raised and we do not recite them here.
Petitioner did not appeal his original conviction but later filed a petition for writ of error coram nobis which was decided against him and reviewed in Allison v. State, 273 Ala. 223, 137 So.2d 761, cert. den. 369 U.S. 856, 82 S.Ct. 946, 8 L.Ed.2d 15. Having exhausted his State remedies, petitioner sought and secured a review in the Federal courts, Allison v. Holman, D.C., 216 F.Supp. 69, affirmed 5 Cir., 326 F.2d 294, cert. den. 376 U.S. 957, 84 S.Ct. 979, 11 L.Ed.2d 975.
These matters having been fully adjudicated, petitioner has shown no right or reason for continued consideration of the same matters by this court. We do not favor continuous, repetitious or frivolous petitions on matters which have been finally adjudicated.
We cannot improve on the language used by Judge Gewin in writing of the same petitioner and the same grounds in Allison v. Holman, 5 Cir., 326 F.2d 294, where he said:
Motion to strike petition granted.
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State v. Robey (Ex parte Robey)
...“We do not favor continuous, repetitious or frivolous petitions on matters which have been finally adjudicated.” Allison v. State, 277 Ala. 423, 424, 171 So.2d 239, 239 (1965). See also Ex parte Coleman, 728 So.2d 703, 705 (Ala.Crim.App.1998) (“The barrage of postconviction petitions has ca......
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State v. Robey (In re Robey), 1121399
..."We do not favor continuous, repetitious or frivolous petitions on matters which have been finally adjudicated." Allison v. State, 277Ala. 423, 424, 171 So. 2d 239, 239 (1965). See also Ex parte Coleman, 728 So. 2d 703, 705 (Ala. 1998) ("The barrage of postconviction petitions has caused nu......
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Ex parte Cox
...of the same matters by the court, it is not error to grant the State's motion to dismiss the second petition. Allison v. State, 277 Ala. 423, 171 So.2d 239. Even where other grounds are alleged in the second petition, this Court has held that in the absence of a petition containing cogent a......
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Vintson v. State, 6 Div. 26
...of the same matters by the court, it is not error to grant the State's motion to dismiss the second petition. Allison v. State, 277 Ala. 423, 171 So.2d 239." * * * * * "Even where other grounds are alleged in the second petition, this Court has held that in the absence of a petition contain......