Ex parte Goodman, 1 Div. 150
Decision Date | 05 April 1966 |
Docket Number | 1 Div. 150 |
Citation | 43 Ala.App. 183,185 So.2d 146 |
Parties | Ex parte Leon GOODMAN. |
Court | Alabama Court of Appeals |
Leon Goodman, pro se.
Richmond M. Flowers, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for the State.
This original action was submitted March 24, 1966.
Goodman complains that some sixty days beforehand he had a hearing in the Monroe Circuit Court on his petition for a writ of error coram nobis and that the matter is still under advisement.
Court congestion is a frequently heard criticism of our system of public justice. A reference to Dean Pound's 1906 St. Paul Address, 'Causes of Popular Dissatisfaction with the Administration of Justice,' is of cold, if not cruel, comfort to a pauper convict.
On the other hand, we must point out that Goodman presumably has had a day in court, since we seriously doubt if the penitentiary warden has been hoaxed by a spurious mittimus from a circuit court.
The jurisdiction of this court is essentially statutory. Here, Code 1940, T. 13, § 89, is pertinent. It reads:
Unlike our senior brethren, we derive from the State's organic law no grant of 'original jurisdiction' for general superintendence of trial courts. Vide Constitution 1901, § 140.
Hence, to activate this court to superintend a lower court, the petitioner must, inter alia, show that the writ sought is in relation to a matter in which this court has appellate jurisdiction.
Our coram nobis jurisdiction in criminal actions is confined to (1) misdemeanor convictions, and (2) those for felonies where the punishment has been fixed at twenty years or under Code 1940, T. 13, § 86.
This is different from habeas corpus, because § 86, supra, puts no words of qualification or limitation as to our having final appellate jurisdiction of habeas corpus. Robertson v. State, 20 Ala.App. 514, 104 So. 561 (hn. 13).
We conclude that in respect of matters ancillary to another...
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EX PARTE ALABAMA BD. OF PARDONS AND PAROLES
...alia, show that the writ sought is in relation to a matter in which this court has appellate jurisdiction." Ex parte Goodman, 43 Ala. App. 183, 184, 185 So.2d 146, 148 (1966). The Court of Civil Appeals has jurisdiction of all appeals from administrative agencies. See § 12-3-10, Ala.Code 19......
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Collins v. Alabama Dept. of Corrections, CR-03-0285.
...alia, show that the writ sought is in relation to a matter in which this court has appellate jurisdiction.' Ex parte Goodman, 43 Ala.App. 183, 184, 185 So.2d 146, 148 (1966). The Court of Civil Appeals has jurisdiction of all appeals from administrative agencies. See § 12-3-10, Ala.Code 197......
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Morrison v. Superior Court of Coconino County
...(1967), is of particular interest; also see Pfeiffer v. Hemisphere International Corp., 115 So.2d 882 (La.App.1959); Ex parte Goodman, 43 Ala.App. 183, 185 So.2d 146 (1966); and 6, Moore's Federal Practice, Section 54.10(4), esp. pages 88 and 91, and cases cited. The point is forcefully mad......
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Manning v. State
...185 So.2d 145 ... 43 Ala.App. 182 ... Leon R. MANNING ... 1 Div. 100 ... Court of Appeals of Alabama ... April 5, ... ...