Banks v. State

Court of Criminal Appeals of Alabama

Banks v. State

658 So. 2d 511, 1994 WL 841238

CourtCourt of Criminal Appeals of Alabama

DecidedMarch 4, 1994

DocketCR-92-1401

StatusPublished

Cited by5 cases

This text of 658 So. 2d 511 (Banks v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. State, 658 So. 2d 511, 1994 WL 841238 (Ala. Ct. App. 1994).

Pincite

Opinion

Michael Douglas Banks appeals from the denial of his petition for post-conviction relief.

On November 14, 1990, Banks was convicted of manslaughter, a violation of § 13A-6-3, Code of Alabama 1975. He was sentenced to 18 years' imprisonment. He did not pursue a direct appeal of his conviction. He did file, on January 26, 1993, a petition for post-conviction relief pursuant to Rule 32, Ala. R.C.P. That petition was denied.

Because Banks's Rule 32 petition was not filed in the form required by Rule 32.6(b), A.R.Cr.P., the petition was due to be returned to the appellant with instructions to file a verified petition in the proper form. Therefore, jurisdiction of this case is transferred to the trial court with instructions to set aside its order denying the petition and to return the petition to Banks so that he can have the opportunity to file a petition in the proper form. Drayton v. State, 600 So.2d 1088 (Ala.Cr.App. 1992) (and cases cited therein).

APPEAL DISMISSED.

All Judges concur. *Page 513 [EDITORS' NOTE: THIS PAGE CONTAINED DECISIONS WITHOUT PUBLISHED OPINIONS.] *Page 514 [EDITORS' NOTE: THIS PAGE CONTAINED DECISIONS WITHOUT PUBLISHED OPINIONS.] *Page 892

Free access — add to your briefcase to read the full text and ask questions with AI

Michael Douglas Banks appeals from the denial of his petition for post-conviction relief.

On November 14, 1990, Banks was convicted of manslaughter, a violation of § 13A-6-3, Code of Alabama 1975. He was sentenced to 18 years' imprisonment. He did not pursue a direct appeal of his conviction. He did file, on January 26, 1993, a petition for post-conviction relief pursuant to Rule 32, Ala. R.C.P. That petition was denied.

Because Banks's Rule 32 petition was not filed in the form required by Rule 32.6(b), A.R.Cr.P., the petition was due to be returned to the appellant with instructions to file a verified petition in the proper form. Therefore, jurisdiction of this case is transferred to the trial court with instructions to set aside its order denying the petition and to return the petition to Banks so that he can have the opportunity to file a petition in the proper form. Drayton v. State, 600 So.2d 1088 (Ala.Cr.App. 1992) (and cases cited therein).

APPEAL DISMISSED.

All Judges concur. *Page 513 [EDITORS' NOTE: THIS PAGE CONTAINED DECISIONS WITHOUT PUBLISHED OPINIONS.] *Page 514 [EDITORS' NOTE: THIS PAGE CONTAINED DECISIONS WITHOUT PUBLISHED OPINIONS.] *Page 892

Cite This Page — Counsel Stack

Bluebook (online)

658 So. 2d 511, 1994 WL 841238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-state-alacrimapp-1994.

Opinion

Related

Cite This Page — Counsel Stack