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Glover v. State

Court of Criminal Appeals of Alabama
Feb 12, 1993
615 So. 2d 1331 (Ala. Crim. App. 1993)

Opinion

CR-92-0123.

February 12, 1993.

Appeal from Mobile Circuit Court; Braxton L. Kittrell, Judge.

Randall Dejuan Glover, pro se.

James H. Evans, Atty. Gen., and Robert Ward, Jr., Asst. Atty. Gen., for appellee.


Randall Dejuan Glover appeals the denial of his petition, which is styled as a "Petition for Writ of Habeas Corpus." A review of the petition reveals that the allegations raised therein should be entertained in a proceeding under Rule 32, A.R.Crim.P. This court has consistently held that when a post-conviction petition styled as a petition for writ of habeas corpus is filed and the allegations raised in the petition are cognizable in a proceeding under Rule 32, A.R.Crim.P., the cause should be entertained in the court of original conviction and the petitioner should be given the opportunity to file a petition in the proper form as required by Rule 32.6(a). Drayton v. State, 600 So.2d 1088 (Ala.Crim.App. 1992) (and cases cited therein). Therefore, this case is remanded to the circuit court with directions that the petition be returned to the appellant so that he can have the opportunity to file a proper Rule 32 petition.

REVERSED AND REMANDED.

All the Judges concur.


Summaries of

Glover v. State

Court of Criminal Appeals of Alabama
Feb 12, 1993
615 So. 2d 1331 (Ala. Crim. App. 1993)
Case details for

Glover v. State

Case Details

Full title:Randall Dejuan GLOVER v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Feb 12, 1993

Citations

615 So. 2d 1331 (Ala. Crim. App. 1993)

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