Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Ex parte George F. WYATT.

CATES, Judge.

This is a petition in an original action for mandamus filed July 13, 1966.

The prayer is for a free transcript of a 1964 conviction in the Jefferson Circuit Court. Wyatt claims he needs the transcript so that he "might draw a manifest of allegations that would show * * * errors * * * that will demand petitioner's release through coram nobis."

I.

The first ground on which we decide the petition is expressed fully in Ex parte Goodman, ante p. 183, 185 So.2d 146.

Here Wyatt has given us no inkling of the offense for which he is being punished beyond the fact that he is in the trusty barracks at Kilby Prison. This standing alone shows he is in the penitentiary which is the effect of a felony conviction.

II.

Also, as to the merits, we consider that ordinarily discovery before filing a petition for coram nobis is premature and hence the request is coram non judice.

Therefore, the petition is

Dismissed.

Use AI to get other relevant cases.

Comments

EX PARTE WYATT
(Sep 27, 1966)