Roberson v. State
Roberson v. State
Opinion
Terry Louis Roberson appeals from the denial of a Petition for Writ of Error Coram Nobis by the Circuit Court of Lauderdale County, which following a full hearing on the merits of Roberson's allegations, denied the petition as being without merit.
In the petition, Roberson sought to set aside his original convictions on first degree kidnapping and conspiracy to commit murder, which were originally settled in circuit court, based upon his plea of guilty to each charge after consultation with his counsel and with the District Attorney, who proposed a settlement.
The trial court accepted this settlement of a 20 year and one day sentence plus a 3 year sentence after first carefully going over each of appellant's constitutional rights with him, pursuant to Boykin v. Alabama,
Thereafter, the appellant perfected an appeal to this court from this guilty plea proceeding and this was affirmed by this court on June 28, 1982, Roberson v. State, [Ms. 8 Div. 628] without opinion.
This record is on file with this court and has been reviewed by this court again along with the appeal from the denial of the coram nobis proceedings. This record contains a complete "Ireland Form" which shows full advice to the appellant by his counsel and the court as to his constitutional rights before entering the guilty pleas in question. This comes from the opinion by Mr. Justice Almon, then Almon, J., of this court inIreland v. State,
Moreover, this record establishes that before the appellant had been originally interrogated by the arresting officers, he was given a proper Miranda v. Arizona warning,
We find, therefore, that appellant's contentions are utterly without legal merit, and that he has fallen far short of establishing that he was denied the "reasonably effective" assistance of counsel standard as required by law. Trammell v.State,
We have carefully examined this record and find the trial court's denial of this petition was entirely proper.
This appellant, like so many others, who routinely aver following conviction and unsuccessful appeal that their trial counsel was "ineffective and inadequate," must remember the words of our Supreme Court speaking through Mr. Justice Coleman in Mills v. State,
"Conviction of a client does not prove lack of either zeal or skill on the part of counsel."
We find no error and the judgment denying this coram nobis petition is due to be and the same is hereby affirmed.
AFFIRMED.
All the Judges concur.
*Page 321
Reference
- Full Case Name
- Terry Louis Roberson v. State of Alabama.
- Cited By
- 9 cases
- Status
- Published