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658 So. 2d 511

Banks v. State

Court of Criminal Appeals of Alabama

Decided March 4, 1994

Court of Criminal Appeals of Alabama · decided 1994-03-04

Cited by 6 later decisions — most recently November 2004

6 state decisions

Key passage — most relied on by later courts

“`Because [appellant's] Rule 32 petition was not filed in the form required by . . . Rule 32.6(b), [Ala.R.Crim.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 [appellant] so that he can have the opportunity to file a petition in the proper form.'”

quoted by 5 later decisions, including Crapps v. State, Crapps v. State

Relies on 600 So. 2d 1088 - Drayton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-03-04

View the full empirical analysis of this case →

¶1

¶2Michael Douglas Banks appeals from the denial of his petition for post-conviction relief.

¶3On 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.

¶4Because 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).

¶5APPEAL DISMISSED.

¶6All Judges concur. *513 [EDITORS' NOTE: THIS PAGE CONTAINED DECISIONS WITHOUT PUBLISHED OPINIONS.] *514 [EDITORS' NOTE: THIS PAGE CONTAINED DECISIONS WITHOUT PUBLISHED OPINIONS.] *892

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