Banks v. State

Michael Douglas Banks appeals from the denial of his petition for post-conviction relief.

On November 14, 1990, Banks was convicted of manslaughter, a violation of § 13A-6-3, Code of Alabama 1975. He was sentenced to 18 years' imprisonment. He did not pursue a direct appeal of his conviction. He did file, on January 26, 1993, a petition for post-conviction relief pursuant to Rule 32, Ala. R.C.P. That petition was denied.

Because Banks's Rule 32 petition was not filed in the form required by Rule 32.6(b), A.R.Cr.P., the petition was due to be returned to the appellant with instructions to file a…