Perkins v. City of Dothan

(dissenting.)

In this petition for the writ of certiorari, the Court was asked to review the applicability of Rule 32, A.R.Cr.P. (formerly Temporary Rule 20), to convictions in municipal court, and to answer two basic questions:(1) Should a Rule 32 petition attacking a municipal conviction be filed in the municipal court or in the circuit court?(2) When should the petition be filed, and if it is filed within time but in the wrong court should it be dismissed?

Neither the Court of Criminal Appeals nor this Court wrote an opinion addressing these two questions, which I believe should be addressed…