Fields v. State
Fields v. State
Opinion
Petitioner, an inmate of Kilby State Penitentiary located in Montgomery County, appeals from the summary denial of his petition for writ of habeas corpus.
Petitioner alleges in his petition that his guilty plea was coerced and involuntary, that he was physically threatened, assaulted and beaten while incarcerated in the Lauderdale County Jail following his arrest and that he was denied proper medical attention while incarcerated in the county jail.
A circuit judge of Montgomery County denied the writ without requiring that any return be made. Alabama Code 1975, Section
Habeas corpus issues against void, and not merely voidable, judgments. Weathington v. City of Birmingham,
While habeas corpus will issue when the record shows an excess or a lack of jurisdiction on the part of the convicting court, State v. Thurman,
"Even an allegation that a prisoner's `incarceration is due to failure to observe that fundamental fairness essential to every concept of justice' will not be sufficient. For the writ to apply, the judgment under which the convicted person is held must be void on its face; parol evidence can not be introduced to establish procedural or substantive errors that may have occurred. `Where the court proceeding and the conviction under which the prisoner is held are of a court of competent jurisdiction and are regular on their face, and no invalidity appears on the face of the proceedings, the petition for the release of the prisoner in a habeas corpus proceeding is properly denied.' Thus, a fourteenth amendment violation not apparent in the record can not provide a basis for a writ of habeas corpus; extrinsic evidence necessary to establish a violation of the prisoner's constitutionally protected rights is inadmissible." (citations to authority omitted)
Post Conviction Remedies in Alabama (29 Ala. Law Rev. 617, 623) (1978).
As can be observed, beyond the concept of an excess of jurisdiction, habeas corpus in Alabama is not a very effective means of post conviction relief. Habeas corpus has been described in terms of Matthew 7:14: "Because strait is the gate, and narrow the way . . . and few there be who find it." A. Cates, Post Conviction Remedies, 28 Ala. Law. 257, 262 (1967). Habeas corpus "is no mere jumble of post conviction archeological tools to explore willy nilly the bones of old criminal trials." Aaron v. State,
The alleged involuntariness of petitioner's guilty plea could and should have been raised on direct appeal. Lewis v. State,
We have searched the record and found no error prejudicial to the petitioner. The judgment of the Circuit Court is affirmed.
AFFIRMED.
All Judges concur. *Page 188
Reference
- Full Case Name
- Stanley Fields v. State.
- Cited By
- 8 cases
- Status
- Published