McShan v. State

Court of Criminal Appeals of Alabama

McShan v. State

608 So. 2d 449, 1992 Ala. Crim. App. LEXIS 1661, 1992 WL 330711

CourtCourt of Criminal Appeals of Alabama

DecidedNovember 13, 1992

DocketCR-91-1684

StatusPublished

Cited by7 cases

This text of 608 So. 2d 449 (McShan 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

McShan v. State, 608 So. 2d 449, 1992 Ala. Crim. App. LEXIS 1661, 1992 WL 330711 (Ala. Ct. App. 1992).

Pincite

Opinion

The appellant, George Walter McShan, Jr., appeals from the denial of his petition for a writ of habeas corpus.

Although the appellant's petition was styled as a habeas corpus petition, the issues presented in the petition are cognizable in a petition for post-conviction relief filed pursuant to Rule 32.6, A.R.Crim.P. This court has stated:

"When a post-conviction petition seeking relief from conviction or sentence is filed with the circuit court that is not in the proper form as prescribed by Rule 32, notwithstanding the style of the petition, the court should return the petition *Page 450 to the petitioner to allow him to file the proper form."

Drayton v. State, 600 So.2d 1088, 1091 (Ala.Cr.App. 1992) (emphasis in original); see also Smith v. State,609 So.2d 449 (Ala.Cr.App. 1992).

We therefore reverse the judgment of the circuit court denying the petition and remand this cause to the circuit court with directions that the petition for writ of habeas corpus be returned to the appellant to allow him to file a correct petition for post-conviction relief under Rule 32.

REVERSED AND REMANDED.

All the Judges concur. *Page 713

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