Caraway v. State
| Decision Date | 30 July 1974 |
| Docket Number | 4 Div. 301 |
| Citation | 298 So.2d 659,53 Ala.App. 237 |
| Parties | Delmar Ray CARAWAY v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Allen Edward Cook, Andalusia, for appellant.
William J. Baxley, Atty. Gen., and Eric A. Bowen, Asst. Asst. Gen., for the State.
This appeal is from the judgment of the Circuit Court of Covington County denying appellant's petition for a writ of error coram nobis.
Appellant was arrested on May 31, 1971, for killing his wife. He was given a preliminary hearing at which time he was represented by retained counsel. Following this hearing, he was held for action by the Grand Jury and denied bond. Thereafter a petition for writ of habeas corpus seeking bond was filed in the Circuit Court and was denied.
He was indicted for murder in the first degree and on August 23, 1971, two prominent and distinguished trial lawyers of the Andalusia Bar were appointed to represent him. He was arraigned on August 25, attended by counsel, and pleaded not guilty. The case was set for trial on September 9 1971, and on that date he changed his not guilty plea and pleaded guilty to murder in the second degree with the understanding that he would receive a thirty-year sentence. Plea bargaining was had between the district attorney and appellant's counsel wherein it was agreed that the first degree murder charge would be dismissed, and appellant would plead guilty to murder in the second degree and get thirty years, all subject to the approval of the court.
Before accepting the guilty plea, the trial judge went to great pains in determining that the guilty plea was voluntarily made as well as intelligently made. All of the Boykin rights were fully explained to appellant with the Exception of the range of punishments. There was no appeal from the original judgment of conviction.
In April of 1973 a Pro se petition for writ of error coram nobis was filed seeking to overturn the judgment of conviction entered on September 9, 1971. Two other prominent and distinguished Andalusia trial lawyers were appointed to represent appellant at the coram nobis hearing on March 19, 1974. The Pro se petition was twice amended by appellant's counsel. The gist of these amendments take the point that appellant was drunk at the time he allegedly killed his wife and that he did not know that this fact might reduce the charge against him and, also, that he was not advised what lesser offenses were included in the charge of murder and what the minimum sentences were for such lesser offenses.
By stipulation a copy of the proceedings had at the time the guilty plea was taken was introduced in the coram nobis hearing as 'Petitioner's Exhibit No. 1'. We have carefully examined this exhibit and are clear to the conclusion that the guilty...
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Seibert v. State
...50, 312 So.2d 632, and authorities therein cited. Moreover, this Court most recently, speaking through Judge Harris, in Caraway v. State, 53 Ala.App. 237, 298 So.2d 659, 'The writ of error coram nobis is not intended to provide a review by appeal where the complaining party has not sought t......
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Kilgore v. State
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Lewis v. State, 3 Div. 300
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