Ex parte Hoback, 8 Div. 231
Decision Date | 07 January 1969 |
Docket Number | 8 Div. 231 |
Citation | 217 So.2d 826,44 Ala.App. 613 |
Parties | Ex parte Charles W. HOBACK. |
Court | Alabama Court of Appeals |
Ira DeMent, Montgomery, for petitioner.
MacDonald Gallion, Atty. Gen., for the State.
This is an original proceeding filed here November 27, 1968. It is denominated 'Petition to Reinstate Appeal.'
September 20, 1966, a petty jury in the Circuit Court of Jackson County found Hoback guilty of voluntary manslaughter. For this he was sentenced to ten years in the penitentiary.
September 20, 1966, Hoback gave in the Circuit Court his notice of appeal. No transcript of the record was ever filed here.
On March 7, 1967, said appeal was affirmed without opinion.
Sometime in 1968, Hoback brought a Federal habeas corpus action in the United States District Court for the Middle District of Alabama. This led to an order releasing him on $2,500.00 bond pending prosecution of a coram nobis proceeding in the Jackson Circuit Court.
We are informed in the instant petition that 'after an evidentiary hearing Honorable W. J. Haralson, Circuit Judge * * * suggested that the instant petition be filed.'
A transcription of the court reporter's notes on this evidentiary hearing has been filed by Hoback with the instant petition.
The matter therein which Hoback complains of is not amenable to coram nobis relief. Coram nobis relates to matters of fact which had they been presented in the original trial would have prevented the judgment of conviction.
All that was complained of (in the circuit court) relates to the failure of an appeal transcript to reach this court. This being post conviction, has nothing to do with the judgment of conviction.
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Wade v. State
...August 13, 1973 was a separate and discrete period of time analogous to an extraordinary session of the Legislature. In Ex parte Hoback, 44 Ala.App. 613, 217 So.2d 826, the former Court of Appeals said in a case affirmed for want of prosecution (Sup.Ct.Rule 'June 30, 1967, was the end of ou......
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Malone v. State of Ala.
...Hines v. State, 48 Ala.App. 297, 264 So.2d 218 (1972); Ex Parte Hammonds, 45 Ala.App. 468, 231 So.2d 922 (1970); Ex Parte Hoback, 44 Ala.App. 613, 217 So.2d 826 (1969).3 Mr. Malone does not contend that he was unaware of his right to appeal, it being established that his counsel told him an......
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Williams v. State, 7 Div. 142
...is final the only subsequent proceedings are by way of the writs of error, certiorari, or error coram nobis. See Ex parte Hoback, 44 Ala.App. 613, 217 So.2d 826; Ex parte Hammonds, 45 Ala.App. 468, 231 So.2d 922, and Code 1940, T. 13, § None of these three writs can examine the term of a se......
- Phiffer v. State, 3 Div. 361