Buchannon v. State
| Decision Date | 17 April 1992 |
| Citation | 597 So.2d 766 |
| Parties | Anthony Carl BUCHANNON v. STATE. CR 91-414. |
| Court | Alabama Court of Criminal Appeals |
Appeal from St. Clair Circuit Court; William Hereford, Judge.
Anthony Carl Buchannon, pro se.
James H. Evans, Atty. Gen., and Beth Hughes, Asst. Atty. Gen., for appellee.
This is an appeal from the denial of a petition for writ of habeas corpus.
The motion of the Attorney General is granted. The order of the circuit court dismissing the petition is reversed. This cause is remanded with directions that this cause be transferred to the circuit court of Lee County pursuant to Rule 32.5, A.R.Crim.P., and the petitioner be afforded the opportunity to file the proper form for a Rule 32 petition for post-conviction relief. See Johnson v. State, 555 So.2d 215, 216 (Ala.Cr.App.1988), reversed in part on other grounds, 555 So.2d 216 (Ala.1989).
REVERSED AND REMANDED.
All Judges concur.
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Drayton v. State, CR-91-204
...Matkins v. State, 597 So.2d 760 (Ala.Crim.App.1992); Nickerson v. State, 597 So.2d 762 (Ala.Crim.App.1992); Buchannon v. State, 597 So.2d 766 (Ala.Crim.App.1992). Compare Montanez v. State, 592 So.2d 650 "Alabama affords a post-conviction remedy by statutory habeas corpus, Ala.Code 1975, §§......