Summary
The Alabama Court of Criminal Appeals held that a petition styled as a habeas corpus petition but presenting claims cognizable under Rule 32 should be treated as a post-conviction petition. Under Rule 32.5, the court where the petition was filed was required to transfer it to the circuit court of original conviction rather than dismiss it.
Topics
Practice areas
Questions Presented
- Whether a petition styled as a petition for a writ of habeas corpus, but asserting claims cognizable under Rule 32, should be dismissed when filed in a county other than the county of conviction.
- Whether Rule 32.5 requires the court where such a petition is improperly filed to transfer it to the circuit court where the petitioner was convicted.
Holdings
- When a petition styled as a petition for a writ of habeas corpus raises claims cognizable under Rule 32, it should be treated as a Rule 32 post-conviction petition and entertained by the court of original conviction.
- The court where a Rule 32 petition is filed, if different from the court of conviction, must transfer the petition to the court of original conviction rather than dismiss it.
Key quotations
“If a petition is filed in another court, it shall be transferred to the court where the conviction occurred.” (857)
“However, under Rule 32.5, Ala.R.Crim.P., the trial court where the petition is filed must transfer the petition to the circuit court of original conviction, not dismiss the petition.” (857)
Factual background
Long was convicted in Limestone County of attempted robbery in the second degree. While incarcerated in Montgomery County, he filed a petition styled as a petition for a writ of habeas corpus, but the claims were largely cognizable under Alabama Rule of Criminal Procedure 32.
Procedural history
Long was convicted in the Circuit Court for Limestone County of attempted robbery in the second degree. While incarcerated in Montgomery County, he filed a petition styled as a habeas corpus petition there. The Montgomery County trial court determined that the petition was actually a Rule 32 petition for post-conviction relief, dismissed it, and directed Long to file it in Limestone County. The Court of Criminal Appeals reversed and remanded with instructions to transfer the petition to the court of original conviction.
Remand instructions
The Circuit Court for Montgomery County must transfer Long's petition to the Circuit Court for Limestone County, the court of original conviction, in accordance with Rule 32.5.