Ex parte Fuller, 6 Div. 665
| Citation | 116 So.2d 395,40 Ala.App. 197 |
| Decision Date | 03 March 1959 |
| Docket Number | 6 Div. 665 |
| Parties | Ex parte Daniel W. FULLER. |
| Court | Alabama Court of Appeals |
Daniel W. Fuller, pro se.
John Patterson, Atty. Gen., and Jas. W. Webb, Asst. Atty. Gen., for the State.
Petitioner files a petition pro se for leave to petition the Circuit Court of Jefferson County, Alabama, where he was convicted of illegal possession of morphine, for a writ of error coram nobis to review that judgment. An appeal was taken to this court and judgment of conviction was affirmed. Fuller v. State, 39 Ala.App. 219, 96 So.2d 829.
The state has filed a motion to dismiss the petition and assigns the following grounds:
'1. For that it affirmatively appears that said petition is vague, uncertain, indefinite and unintelligible.
'2. For that it affirmatively appears that said petition fails to show that the state knowingly used any perjured or false testimony at the trial of said case, as required by law. Caldwell v. State, 36 Ala.App. 612, 63 So.2d 384.
'3. For that it affirmatively appears that said petition fails to aver any particular fact that was unknown to the petitioner, to his counsel and to the court at the time of petitioner's conviction, which would have prevented the rendition of judgment, as required by law. Ex parte Lee, 248 Ala. 246, 27 So.2d 147, cert[iorari] den[ied] [Lee v. State,] 329 U.S. 808, [67 S.Ct. 621, 91 L.Ed. 690].
'4. For that it affirmatively appears that the petition fails to show that the alleged facts were unknown to the court and to the petitioner at the time of trial, and that, if known, would have prevented rendition of judgment, as required by law. Smith v. State, 245 Ala. 161, 16 So.2d 315.
'5. For that it affirmatively appears that the facts alleged by petitioner were known to him at the time of trial and were not brought to the court's attention through the petitioner's own negligence and, therefore, afford no ground for relief. Ex parte Taylor, 249 Ala. 667, 32 So.2d 659, affirmed 335 U.S. 252, [68 S.Ct. 1415, 92 L.Ed. 1935].
'6. For that it affirmatively appears that the petition fails to make adequate showing of substantiality of petitioner's claim to enable this Honorable Court to ascertain whether facts alleged would afford prima facie just ground for application to the circuit court, as required by law. Ex parte Lee, 248 Ala. 246, 27 So.2d 147, cert[iorari] den[ied] 329 U.S. 808, [67 S.Ct. 621, 91 L.Ed. 690].
'7. For that it affirmatively appears that said petition states mere conclusions as to the nature and effect of the facts and naked allegations that a constitutional right has been invaded,...
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Summers v. State
...if presented to the trial court, would have prevented conviction, rather than merely causing a different result. Ex parte Fuller, 40 Ala.App. 197, 198, 116 So.2d 395 (1959); Stephens, 36 Ala.App. at 58. In effect, the writ of error coram nobis serves as a motion for new trial on the ground ......
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Ex parte Seals
...facts relied upon, and not mere conclusions as to the nature and effect of such facts. Johnson v. Williams, supra; Ex parte Fuller, 40 Ala.App. 197, 116 So.2d 395. The mere fact that the jury commission did not put the names of every qualified person on the roll or in the jury box does not,......
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Ex parte Richardson
...virtually verbatim (with the same cases cited) as appear in grounds 1-8, inclusive, quoted in Judge Price's opinion in Ex parte Fuller, 40 Ala.App. 197, 116 So.2d 395. There is no need of, or efficacy in, applying to us for leave to proceed in the Cleburne Circuit Court with respect to the ......
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...conclusions as to the nature and effect of such facts. * * *' See also Ex parte Fewell, 261 Ala. 246, 73 So.2d 558, and Ex parte Fuller, 40 Ala.App. 197, 116 So.2d 395. Considering the failure of the petition as it now stands to set forth any reason for setting aside Wilkie's conviction, we......