480 So. 2d 61 | Ala. Crim. App. | 1985
Walter R. Hunt was convicted in 1981 in Jefferson County of the capital offense of murder for hire in contravention of § 13A-5-31 (a)(7), Code of Alabama 1975. He was sentenced to life without parole. His conviction *63
and sentence were affirmed by this court in Hunt v. State,
"[W]e consider that ordinarily discovery before filing a petition for coram nobis is premature and hence the request is coram non judice."
That ruling controls this case.
Further considering Hunt's motion to produce, however, it appears that the information sought was intended to establish that the black people were excluded from the jury venire and jury in his case. The thrust of the petition for writ of error coram nobis was to allege unconstitutional exclusion by race. The rule is adverse to petitioner, however, as regards coram nobis. It is settled law that an attack on the jury venire for systematic racial exclusion cannot be raised on coram nobis, where the issue could have been raised at trial but was not raised. Johnson v. Williams,
The court did not err in dismissing the petition without a hearing, and its action is due to be affirmed.
AFFIRMED.
All the Judges concur.