Ex parte Vann
Decision Date | 21 May 1968 |
Docket Number | 6 Div. 359 |
Parties | Ex parte Hubert VANN. |
Court | Alabama Court of Appeals |
Hubert Vann, pro se.
MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for respondent.
The petitioner, a prisoner in Kilby Prison, filed what is termed 'writ of habeas corpus' in the Supreme Court. The petition was transferred to this court and treated as an original petition for mandamus.
The petitioner alleges that he has been convicted in the Circuit Court of Lamar County and was sentenced to four ten-year sentences, all to run concurrently; that he filed a petition for writ of error coram nobis on October 12, 1966, and was granted a hearing on April 28, 1967, at which time the writ was denied; that he filed notice of appeal in the circuit court on May 16, 1967, and a request for a transcript of all the proceedings but has heard nothing from this request. The petition was filed here on October 20, 1967. Petitioner prayed that this court issue a directive for the records of the coram nobis hearing to be 'brought forth.'
We issued the alternative writ or rule nisi directed to the circuit judge requiring him to forward to this court the transcript of the records and proceedings of the coram nobis hearing held by him on April 28, 1967, or to appear and show cause why he should not do so.
The Attorney General filed motion to quash, set aside and discharge the rule nisi order, and as grounds for said motion attached thereto as 'Exhibit A' a certified copy of the original petition for free transcript of the coram nobis proceedings and notice of appeal, filed May 19, 1967. The following order appears at the bottom of Exhibit A;
Attached as 'Exhibit B' to the motion to quash is a certified copy of a motion for a free transcript and an 'Affidavit in forma pauperis,' which reads:
'The petitioner Hubert H. Vann who is a citizen of the United States and Respectfully make known to this Honorable Court that he is indigent poor person and without any Financial means to pay for such Transcript, etc. * * *.'
This motion and affidavit were dated September 5, 1967. The following orders appear at the bottom of said 'Exhibit B':
Section 4 of Act No. 525, General Acts of Alabama, 1963, p. 1129, now Section 380(17) Title 15, Code of Alabama 1940, Recompiled 1958, (pocket part) reads:
Petitioner filed motion to dismiss the State's motion to quash, in which he avers that he never received notice that his request for appeal, with free transcript of proceedings, was denied; that he is unlearned in the law; that he does...
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Mayola v. State
...response to the constitutional mandate set forth in Griffin, supra. Ex parte Hable, 278 Ala. 11, 174 So.2d 689 (1965); Ex parte Vann, 44 Ala.App. 404, 210 So.2d 850 (1968). Here when a request was made for the trial transcript, fourteen years had elapsed. The lower court judge stated that '......