Swann v. City of Huntsville

In February of 1983, Lawrence Swann was convicted for DUI in the Circuit Court of Madison County on appeal of his conviction from municipal court. His DUI conviction was affirmed on appeal by this Court. Swann v. City of Huntsville, 455 So.2d 944 (Ala.Cr.App. 1984).

In December of 1984, Swann, with the legal assistance of retained counsel, filed a petition for writ of habeas corpus. This petition raised three grounds. First, it alleged that the city complaint upon which Swann was originally convicted in the municipal court lacked specificity, and, second, that there was a fatal variance…