Drayton v. State, CR-91-204
Decision Date | 12 June 1992 |
Docket Number | CR-91-204 |
Citation | 600 So.2d 1088 |
Parties | Guy DRAYTON v. STATE. |
Court | Alabama Court of Criminal Appeals |
Kenneth Cox, Jr. of Calhoun, Faulk, Watkins, Clower & Cox, Troy, for appellant.
James H. Evans, Atty. Gen., and Gregory O. Griffin, Sr., Asst. Atty. Gen., for appellee.
Guy Drayton filed a petition for writ of habeas corpus with the Circuit Court of Bullock County where he was incarcerated. The case was eventually transferred to the Pike County Circuit Court, which was the court of original conviction. The State and the circuit court treated the petition as a proceeding under Rule 32, A.R.Crim.P. After a hearing, the circuit court denied the petition. Although the State and the circuit court treated the petition as a proceeding under Rule 32, the circuit court did not order the petition to be returned to the appellant to allow him to amend his petition to comply with the proper form, as required by Rule 32.6(a), A.R.Crim.P.
This court has consistently held in numerous opinions that when a petition that is styled "Petition for Writ of Habeas Corpus" is filed and the allegations raised therein are cognizable in a proceeding under Rule 32, the cause should be entertained in the court of original conviction and the petitioner should be given the opportunity to file a proper post-conviction petition as required by Rule 32.6(a). Myrick v. State, 588 So.2d 950 (Ala.Crim.App.1991); Lewis v. State, 588 So.2d 949 (Ala.Crim.App.1991); Copeland v. State, 601 So.2d 1110 (Ala.Crim.App.1992); Graham v. State, 599 So.2d 82 (Ala.Crim.App.1992); Burks v. State, 597 So.2d 759 (Ala.Crim.App.1992); Wright v. State, 597 So.2d 761 (Ala.Crim.App.1992); 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 (Ala.Crim.App.1991).
H. Maddox, Alabama Rules of Criminal Procedure, § 32.0, p. 781-83 (1990) (emphasis added). Although the mere mention of the words "Rule 32" strikes terror in the hearts of many lawyers, Rule 32 was designed to simplify, not confuse, 1 the procedure for obtaining post-conviction review. Rule 32 did not abolish the substantive right to post-conviction review under the statutory remedy of habeas corpus. It merely changed the procedure for seeking habeas corpus relief in most situations, which had been previously governed by the procedures defined in §§ 15-21-1 through 15-21-34, Code of Alabama 1975. Rule 32.4, A.R.Crim.P. provides:
Alabama Rules of Criminal Procedure at § 32.4, p. 790, n. 22.
Furthermore, we believe that challenges to the loss of good time deductions from a sentence, challenges to changes in custody classification, or complaints of jail or prison conditions are governed by the statutory provisions for habeas corpus rather than the procedures of Rule 32. 4
Here, the instant petition is clearly a petition seeking relief from conviction or sentence. The petition was properly entertained in the court of original conviction and the cause was properly treated as a post-conviction proceeding under Rule 32. However, the appellant was not given the opportunity to file a proper Rule 32 petition as required by 32.6(a), A.R.Crim.P. Thus, we must remand the cause to allow the appellant to file a proper petition.
While in many cases the trial court will have properly decided the petition and it may seem ridiculous to remand the cause to the trial court to allow the petitioner to delineate his allegations in the proper form, we believe that in the long run, strict adherence to the procedures set out in Rule 32 will result in the efficient and fair disposition of post-conviction petitions for all concerned, which is the purpose of not only Rule 32 but also of the Rules of Criminal Procedure.
Rule 1.2, A.R.Crim.P. states:
In discussing Rule 1.2, H. Maddox has said:
Alabama Rules of Criminal Procedure, § 1.7, (emphasis added).
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