Curry v. State

2 Citing cases

  1. Stephens v. State

    420 So. 2d 826 (Ala. Crim. App. 1982)   Cited 26 times

    Aldridge v. State, 278 Ala. 470 [ 179 So.2d 51] (1965), and Creel v. State, 53 Ala. App. 226, 298 So.2d 647 (1974). Further, naked allegations of denial of constitutional right and innocence are not sufficient for coram nobis relief. Thomas v. State, [ 274 Ala. 531], 150 So.2d 387 (1963), and Curry v. State, 49 Ala. App. 374, 272 So.2d 583 (1973). "Based upon the aforestated reasons, the Petition is without merit and due to be denied.

  2. Mack v. State

    288 So. 2d 150 (Ala. Crim. App. 1974)   Cited 10 times

    Therefore, the question as to his right to remain silent and to have counsel during the police interrogation is moot. Moreover, had petitioner made a confession or any incriminating statements the question as to the voluntariness thereof cannot be made the basis for a collateral attack upon the judgment entered pursuant to the plea of guilty voluntarily and understandably made. Mason v. State, 281 Ala. 224, 201 So.2d 61; Curry v. State, 49 Ala. App. 374, 272 So.2d 583. The trial court found the plea of guilty made by petitioner to have been voluntarily and understandably made. A voluntary plea of guilty constitutes a waiver of all non-jurisdictional defects including failure to advise one of his constitutional rights.