Lockett v. State

MONTIEL, Judge.

Aljay Lockett filed a petition for writ of habeas corpus with the Montgomery Circuit Court, alleging that he had been subjected to an illegal arrest. The trial court dismissed the petition on the basis that a petition for writ of habeas corpus is not a substitute for a direct appeal or another post-conviction proceeding under Rule 32, A.R.Cr.P. However, the trial court did not give the appellánt the opportunity to file a petition in the form required by 32.6(a), A.R.Crim.P. Therefore, this case is remanded to the Montgomery Circuit Court with directions that the appellant’s…