Public-domain · open source
OpenJurist

555 So. 2d 215

Johnson v. State

Court of Criminal Appeals of Alabama

Decided June 14, 1988

Court of Criminal Appeals of Alabama · decided 1988-06-14

Key passage — most relied on by later courts

““Furthermore, the failure of an indictment to charge an offense is a jurisdictional matter, Barbee v. State, 417 So.2d 611 (Ala.Cr.App.1982), and is properly raised in a Rule 20 petition. See Rule 20.2(a)(3). Therefore, the appellant was entitled to a hearing on this matter. This cause is remanded to the Circuit Court of Elmore County with orders, assuming the appellant complies with the requirements for the Rule 20 form, pursuant to Rule 20.6(a), to transfer this cause to the Circuit Court of Washington County in order for a hearing to be held on the appellant’s petition.””

quoted by 1 later decision, including Johnson v. State

“in violation of the Alabama Uniform Controlled Substances Act, a violation of § 20-2-80 of the Code of Alabama, . . . .”

quoted by 1 later decision, including 580 So. 2d 27 - Stewart v. State

Relies on 417 So. 2d 611 - Barbee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-14

How this case has been cited

Cited by 33 later decisions (1 by the Supreme Court) — most recently November 2010 · most notably 695 So. 2d 70 - Bush v. State (1996), Sockwell v. State (1993)

32 state decisions

2601988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

McMillan, judge.

¶1The appellant filed a petition for writ of habeas corpus, alleging that the indictment which charged him with the violation of the Alabama Uniform Controlled Substances Act was insufficient because it failed to specifically aver one of the three essential elements of the crime, specifically the element of knowledge or intent.

¶2The trial court dismissed the appellant’s petition on the grounds that the appellant had failed to comply with the form provided by Rule 20, Alabama Rules of Temporary Procedure, and on the ground that venue was improper because the petition was filed in Elmore County. According to Rule 20.5, Alabama Temporary Rules of Criminal Procedure:

“Petitions filed under this rule shall be filed in and decided by the court in which the petitioner was convicted. If a petition is filed in another court, it shall be transferred to the court where the conviction occurred.”

¶3The appellant’s conviction occurred in Washington County; thus, the Circuit Court of Elmore County should have transferred the case to the Circuit Court of Washington County. Additionally, if the petitioner fails to use the form provided by Rule 20, “the court shall return the petition to the petitioner to be amended to comply with the form.” Rule 20.6(a), Alabama Temporary Rules of Criminal Procedure.

¶4Furthermore, the failure of an indictment to charge an offense is a jurisdictional matter, Barbee v. State, 417 So.2d 611 (Ala.Cr.App.1982), and is properly raised in a Rule 20 petition. See Rule 20.2(a)(3). Therefore, the appellant was entitled to a hearing on this matter. This cause is remanded to the Circuit Court of Elmore County with orders, assuming the appellant complies with the requirements for the Rule 20 form, pursuant to Rule 20.6(a), to transfer this cause to the Circuit Court of Washington County in order for a hearing to be held on the appellant’s petition.

¶5REVERSED AND REMANDED WITH INSTRUCTIONS.

All Judges concur.
/555/so2d/215 · .json · Public domain