Ex parte Wilson
| Decision Date | 01 August 1963 |
| Docket Number | 4 Div. 176 |
| Citation | 155 So.2d 611,275 Ala. 439 |
| Parties | Ex parte Ernest WILSON. In re Ernest WILSON v. STATE. |
| Court | Alabama Supreme Court |
Ernest Wilson, pro se.
Richmond M. Flowers, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.
This is a petition for a writ of error looking toward a review of a judgment denying the petitioner relief in a coram nobis proceeding. The judgment below was entered after a full hearing.
Coram nobis proceedings are essentially civil in nature, and in Brown v. State, 250 Ala. 444, 35 So.2d 518, coram nobis was described as being 'in the nature of a new civil suit.'
Under our practice and procedure appeals lie from final judgments denying relief in coram nobis proceedings. Allen v. State, (Ala.App.), 150 So.2d 399.
Section 383, Title 15, Code of Alabama 1940, provides: 'A writ of error on any judgment rendered in a criminal case may issue * * *.' Under the doctrine of our cases a writ of error may be had only in criminal cases, civil causes being reviewed only by appeal. Smotherman v. State, 140 Ala. 168, 37 So. 376, or in appropriate cases by statutory certiorari.
The State of Alabama through its Attorney General has filed a motion to strike this petition for writ of error on the grounds, among others, that (1) a writ of error is not the proper method by which a denial of a petition for coram nobis may be reviewed, and (2) an appeal lies from the denial of a petition for a writ of error coram nobis.
Under the controlling doctrines above referred to, the motion of the State is well taken and must be granted.
Record stricken.
To continue reading
Request your trial
-
Ruby v. State
...independent of the underlying case even though its resolution may affect the underlying case. See generally Ex parte Wilson, 275 Ala. 439, 440, 155 So.2d 611, 612 (1963) ("Coram nobis proceedings are essentially civil in nature...."); State ex rel. Cutsinger v. Spencer, 219 Ind. 148, 155, 4......
-
Bell v. State of Alabama, 23104.
...petitions, since it is available only in criminal cases, while coram nobis is considered essentially civil in nature. Ex parte Wilson, 275 Ala. 439, 155 So.2d 611 (1963). Thus, it is apparent that once the six month time limit for appealing the denial of Bell's first coram nobis petition ex......
-
Hobson v. State, 2 Div. 319
...we note that, even though a coram nobis petition seeks relief from a criminal judgment, it is a civil proceeding, Ex Parte Wilson, 275 Ala. 439, 155 So.2d 611 (1963), and an indigent petitioner is not entitled to appointed counsel as a matter of right. See Ala.Code § 15-12-23(a) (1975). The......
- McClure v. Dowell