BARNES v. STATE

1 Div. 995.

169 So.2d 313 (1964)

Hillery O. BARNES v. STATE.

Court of Appeals of Alabama.

Rehearing Denied October 27, 1964.


Attorney(s) appearing for the Case

Hillery O. Barnes, pro se.

Richmond M. Flowers, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.


CATES, Judge.

This is an appeal from a judgment denying relief under a petition for a writ of error coram nobis.

The sole question is: Does Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, have retroactive effect?

The circuit judge ruled, "No."

Betts v. Brady, 316 U.S. 455, 62 S.Ct. 1252, 86 L.Ed. 1595, was expressly overruled in Gideon v. Wainwright. Moreover,...

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