Graham v. State, 599 So. 2d 82

This is an appeal from the denial of a petition for writ of habeas corpus. The motion of the Attorney General to reverse and remand this cause is granted. The petition challenging the alleged unconstitutional application of the Habitual Felony Offender Act should have been treated as a petition for post-conviction relief and transferred to the court of original conviction. See Rules 32.1(a), 32.4, 32.5, and 32.6, A.R.Crim.P. See also Goodson v. State, 588 So.2d 937 (Ala.Cr.App. 1991); Salter v. State, 594 So.2d 249 (Ala.Cr.App. 1992).

The judgment of the circuit court dismissing the petition for writ of habeas corpus is reversed. This cause is remanded with directions that the petition be treated as a petition for post-conviction relief, that the petition be returned to the petitioner so that he may have the opportunity to amend to comply with the proper form of the petition as required by Rule 32.6(a), and that this cause be transferred to the court where the conviction occurred as required by Rule 32.5.

REVERSED AND REMANDED.

All Judges concur.

Case Details

Case Name: Graham v. State

Court Name: Court of Criminal Appeals of Alabama

Date Published: Mar 13, 1992

Citations: 599 So. 2d 82; 1992 Ala. Crim. App. LEXIS 185; 1992 WL 92543; CR 91-125

Docket Number: CR 91-125

Court Abbreviation: Ala. Crim. App.