Smith v. State

*1011ON RETURN TO REMAND

BOWEN, Judge.

On remand, the circuit court entered an order denying the petition for post-conviction relief on the ground that “[t]he matter is one which is inappropriate for relief because it does not comply with Rule 32.6(a) of the Alabama Rules of Criminal Procedure.” R. 9. The case action summary submitted on return to remand does not indicate that an evidentiary hearing was held.

Our review of the record shows that the petition was not accompanied by any filing fee and that the petitioner requested to prosecute the petition in forma pauperis. However, the petition was…