Small v. State
Small v. State
Opinion of the Court
Fernando Demandes Small filed a petition styled as a petition for a writ of habe-as corpus. While the trial court properly treated the petition as a post-conviction proceeding under Rule 32, A.R.Cr.P., it did not give the appellant the opportunity to file a petition in the form required by 32.-6(a), A.R.Crim.P. Therefore, this case is remanded to the Mobile Circuit Court with directions that the appellant’s petition be returned to him so that he can have the opportunity to file a proper Rule 32 petition as required by Rule 32.6, A.R.Crim.P. Drayton v. State, 600 So.2d 1088 (Ala. Crim.App. 1992); Nickerson v. State, 597 So.2d 762 (Ala.Crim.App. 1992).
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.