Johnson v. Williams

Decision Date01 June 1943
Docket Number3 Div. 396.
Citation244 Ala. 391,13 So.2d 683
PartiesJOHNSON v. WILLIAMS, Warden.
CourtAlabama Supreme Court

Rehearing and Stay Order Denied June 3, 1943.

Appeal from Circuit Court, Montgomery County; Eugene W. Carter Judge.

Walter S. Smith, of Birmingham, for appellant.

Wm. N. McQueen, Acting Atty. Gen., and Bernard F Sykes, Asst. Atty. Gen., for appellee.

GARDNER Chief Justice.

In April, 1943, Frank Johnson, this appellant, filed in the Circuit Court of Montgomery County, Alabama, a petition for habeas corpus to be directed to the Warden of Kilby Prison, where petitioner was confined under a judgment of conviction of the Circuit Court of Jefferson County for the offense of rape with infliction of the death penalty. The writ was issued by the trial judge, and a hearing had, at which the State's motion to dismiss the petition and quash the writ was granted. From this judgment of the circuit judge, petitioner has prosecuted this appeal.

Grounds of the petition, numbers 1, 2, 4, and 6, are based upon the theory that the petitioner was a member of the colored race, and that members of such race had been intentionally and systematically excluded, both from grand and petit jury service, solely on account of said race and color. It is not pretended that any matter involving the regularity of either the grand or petit jury was presented in the trial of this cause, either as originally conducted or on motion for a new trial. The record of that appeal, which is before us and of which, of course, we take judicial knowledge (Johnson v. State, 242 Ala. 278, 5 So.2d 632), discloses that no such question was involved.

Grounds 3, 5, 7, and 9, have reference to the matter of petitioner's confession, and the denial for a short period of time by the chief of police, when first incarcerated, of interview with attorney Ball. The opinion on the appeal of Johnson v. State, supra, contains a full answer to these contentions, and we think discloses a painstaking study of the record concerning them. It shows very clearly the matter of the interview had with attorney Ball had no connection with the defense of this case. But all this was fully reviewed on appeal and needs no repetition here.

Ground 8 is rested upon the theory that in fact no crime of rape was committed. We think a mere reading of the opinion of this Court on the appeal will suffice to show that this ground calls for no discussion.

The petition nowhere indicates that petitioner was not represented by able counsel in the trial of his cause. Indeed, a study of the record on his appeal to this Court fully justifies the statement found in the opinion to the effect that "his defense appears to have been vigorously prosecuted by counsel appointed by the court." Upon the trial of the habeas corpus proceeding, and upon the trial judge stating in open court his purpose to grant the State's motion to quash, counsel for petitioner was asked by the attorney for the State whether or not he wished to amend the petition. His reply was: "No, sir. I am standing on that petition."

The progress of this case through the courts is familiar history. After affirmance here of the judgment of conviction and after denial of the application for rehearing, other counsel entered the case and sought a review by petition for certiorari to the Supreme Court of the United States. In response to his petition, this Court reset the date of execution on two separate occasions in order that ample time might be provided for due presentation of the petition to the United States Supreme Court. The petition for certiorari was duly presented to that court in June, 1942, and denied. Johnson v. State of Alabama, 316 U.S. 693, 62 S.Ct. 1299, 86 L.Ed. 1763. During the same month, a further stay of the date of execution was ordered by an Associate Justice of the Supreme Court of the United States in order that a rehearing of the petition might be had. The cause was again considered, and the rehearing denied. Johnson v. State of Alabama, 316 U.S. 713, 62 S.Ct. 1310, 86 L.Ed. 1778. Following this denial of rehearing, counsel filed petition for writ of habeas corpus in the United States District Court at Montgomery, and obtained a further stay. That court denied relief, and the following October, 1942, the United States Court of Appeals affirmed the District Court. Johnson v. Wilson, 5 Cir., 131 F.2d 1. Petitioner then presented the petition for habeas corpus in the State court which is now under review.

In Vernon v. State, 240 Ala. 577, 200 So. 560, 563, this Court, following previous decisions, held as follows: "Where the court proceeding and conviction under which the prisoner is held are of a court of competent jurisdiction and are regular on their face, it is not permissible to impeach the court's jurisdiction by parol testimony. It is only when invalidity appears on the face of the proceedings that it may be impeached on habeas corpus." The petition for habeas corpus, therefore, in the present case runs directly counter to that decision, and that conclusion alone should suffice for an affirmance of the judgment of the court below.

But we think more should be said. By the holding in Vernon v. State, supra, that the remedy by petition for habeas corpus was not available, it was not intended to indicate there was no remedy for one who claims that his incarceration is due to failure to observe that fundamental fairness essential to every concept of justice, even after a sentence has been duly affirmed by the highest court of the state. We recognize in this State, as does the Supreme Court of Florida (Hysler v. State, 146 Fla. 593, 1 So.2d 628), that the common law writ of error coram nobis is available in such instances and is the appropriate remedy to be followed. See 24 C.J.S., Criminal Law, § 1606. The rule in that State, which we think is just and proper, and is here adopted, calls for a petition to this Court, when the judgment of conviction has been here affirmed, for leave to petition the circuit court where the conviction was obtained for a writ of error coram nobis to review such judgment. Such application should make an adequate showing of the substantiality of the petitioner's claim to the satisfaction of this Court. A mere naked allegation that a constitutional right has been invaded will not suffice. The application should make a full disclosure of the specific facts relied upon, and not merely conclusions as to the nature and effect of such facts. The proof must enable this Court to ascertain whether under settled principles pertaining to such writ the facts alleged would afford at least "prima facie just ground for an application to the lower court for a writ of error coram nobis." And in the exercise of our discretion in matters of this character, this Court should look to the reasonableness of the allegations of the petition and to the existence of the probability of the truth thereof. The Supreme Court of the United States in Hysler v. State of Florida, 315 U.S. 411, 62 S.Ct. 688, 691, 86 L.Ed. 932, said that "each State may decide for itself whether, after guilt has been determined by the ordinary processes of trial and affirmed on appeal, a later challenge to its essential justice must come in the first instance, or even in the last instance, before a bench of judges rather than before a jury", and that the procedure outlined above, which we have adopted from the Florida Court, meets the requirements of the due process clause of the Constitution.

In view of the history of this case and the rather lengthy protracted litigation, we have concluded that it was within our province, and, indeed entirely proper, that we consider the petition for writ of habeas corpus which is now before us as serving the purpose of a petition to be permitted to file a petition for writ of error coram nobis in the trial court. So...

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  • Woodard v. State
    • United States
    • Alabama Court of Appeals
    • February 2, 1965
    ...Court of Alabama refers to the writ of error coram nobis as extant to review the factual basis of a criminal judgment. Johnson v. Williams, 244 Ala. 391, 13 So.2d 683. Though seeking only a source to rejuvenate the law, Chief Justice Gardner went, like Ponce deLeon, to Florida. Seemingly, s......
  • Brown v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 1, 1999
    ...the writ of error coram nobis [the predecessor to Rule 32] serves a valuable role. Since its recognition in Johnson v. Williams, 244 Ala. 391, 394, 13 So.2d 683 (1943), the writ has served as a `remedy for one who claims that his incarceration is due to failure to observe that fundamental f......
  • Summers v. State
    • United States
    • Alabama Court of Criminal Appeals
    • November 21, 1978
    ...to every concept of justice, even after a sentence has been duly affirmed by the highest court of the state", Johnson v. Williams, 244 Ala. 391, 394, 13 So.2d 683, 686 (1943), our Supreme Court has "failed to adopt any general rule that the remedy of coram nobis automatically assimilates al......
  • Thursby v. State
    • United States
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    ...is made to secure the writ of error coram nobis. It was fatally deficient and summarily dismissable. See also, Johnson v. Williams, 244 Ala. 391, 13 So.2d 683, 686 (1943); Jenkins v. State, 223 Ark. 245, 265 S.W.2d 512, 514 (1954); People v. Smyth, 3 N.Y.2d 184, 164 N.Y.S.2d 737, 739, 143 N......
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