Moran v. State

OPINION

WALKER, Presiding Judge.

Without an evidentiary hearing, the trial judge dismissed his petition for post-conviction relief. He considered it under the Habeas Corpus Act rather than the Post-Conviction Procedure Act. Although T.C.A. § 40-3808 provides that a petition for habeas corpus may be treated as one for post-conviction, there is no provision that a petition for post-conviction may be treated as one for habeas corpus. In this case the result would be the same under either proceeding.

The petition alleges that he was jointly indicted with one William H. Buchanan for armed robbery.…