Pate V. Holman

Aubrey Pate, a prisoner in Kilby Penitentiary, Alabama, appeals from an order of the district court dismissing his petition for habeas corpus and denying an evidentiary hearing on the petition. The district court held that a full hearing was unnecessary because in coram nobis proceedings the State had previously resolved all the issues the petitioner raised in this habeas corpus proceeding. We find that the state courts gave full and fair consideration to all of the petitioner's contentions except his contention that the State deprived him of his right to appellate counsel and, in effect, to the right of appeal*fn1 The petitioner contends that his retained trial counsel withdrew from the case after his conviction and that he was unable to employ appellate counsel because of his indigency. The case turns on the principles established in Townsend v. Sain, 1963, 372 U.S. 293, 83 S. Ct. 745, 9 L. Ed. 2d 770, Norvell v. State of Illinois, 1963, 373 U.S. 420, 83 S. Ct. 1366, 10 L. Ed. 2d 456, reh. den'd 375 U.S. 870, 84 S. Ct. 27, 11 L. Ed. 2d 99, and Douglas v. People of State of California, 1963, 372 U.S. 353, 83 S. Ct. 814, 9 L. Ed. 2d 811; reh. den'd 373 U.S. 905, 83 S. Ct. 1288, 10 L. Ed. 2d 200. We remand for an evidentiary hearing.