Brooks v. State

MONTIEL, Judge.

This is an appeal from the denial of a petition styled “State Habeas Corpus” challenging Brooks’s conviction for rape. The Circuit Court of Escambia County correctly found that the petition was in reality a Rule 32, A.R.C.P., petition and ordered that the case be transferred to the Cullman Circuit Court, the court where Brooks was convicted. The Cullman Circuit Court, while recognizing this petition as a Rule 32 petition, apparently believed that it did not have jurisdiction to entertain a petition styled as a petition for habeas corpus relief and returned the cause to the…