Opinion · Alabama Court Opinions

SMITH v. STATE, 416 So.2d 792 (Ala.Crim.App. 1982)

Leroy SMITH v. STATE., 416 So. 2d 792 (Court of Criminal Appeals of Alabama. 1982)

Type: Opinion
Court: Alabama Court Opinions
Jurisdiction: Alabama
Date: 1982-06-29
Topic: general

SMITH v. STATE, 416 So.2d 792 (Ala.Crim.App. 1982) 416 So.2d 792 Leroy SMITH v. STATE. 7 Div. 975.Court of Criminal Appeals of Alabama. June 29, 1982. Appeal from the Circuit Court, Etowah County, Hobdy G.

Citator

UpLaw has not yet analyzed SMITH v. STATE, 416 So.2d 792 (Ala.Crim.App. 1982). The absence of a flag is not a finding that it is good law.

SMITH v. STATE,416 So.2d 792(Ala.Crim.App. 1982)

416 So.2d 792

Leroy SMITH v. STATE.

7 Div. 975.

Court of Criminal Appeals of Alabama.

June 29, 1982.

Appeal from the Circuit Court, Etowah County, Hobdy G. Rains, J.

Jack W. Torbert, Jr., Gadsden, for appellant.

Charles A. Graddick, Atty. Gen., and Billington M. Garrett, Asst. Atty. Gen., for appellee.

DeCARLO, Judge.

Appellant's conviction for robbery in the second degree was affirmed by this court inSmith v. State,392 So.2d 1273(Ala.Cr.App. 1980). He then filed a petition for writ of error coram nobis alleging the denial of effective assistance of counsel during his robbery trial. The petition was summarily denied without a hearing.Page 793

As this court held inEllison v. State,406 So.2d 439(Ala.Cr.App. 1981), when the petition is meritorious on its face (as here), the petitioner is entitled to a hearing on the merits.

The order of the circuit court is reversed, and the cause remanded with directions that counsel be appointed to represent appellant, and that an evidentiary hearing be held to determine whether appellant was denied the effective assistance of counsel at his trial for robbery in the second degree.

REVERSED AND REMANDED WITH DIRECTIONS.

All the Judges concur.