Long v. State

The appellant, Thomas Wayne Long, appeals from the trial court's dismissal of his petition purporting to be a petition for a writ of habeas corpus. He was convicted in the Circuit Court for Limestone County of attempted robbery in the second degree, see § 13A-8-42 and § 13A-4-2, Code of Alabama 1975. The appellant filed his petition in Montgomery County, where he was incarcerated.

The trial court found that the appellant's petition, although styled as a petition for a writ of habeas corpus, was actually a petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P. The trial…