Legal Opinion

Ex Parte Morgan Circuit Court

Court of Criminal Appeals of Alabama

Decided May 7, 1993No. CR 92-1210PublishedCited by 2 opinions

1Opinion of the Court

BOWEN, Presiding Judge.

This Court accepted jurisdiction of this matter upon petition of the Morgan Circuit Court. It appears that the Circuit Court of Morgan County and the Circuit Court of Barbour County disagree over the proper venue for the petitions filed by Theotis Baker. The dispute involves whether Baker’s pro se petitions titled “petitions for writ of habeas corpus,” should be treated as petitions for writ of habeas corpus or petitions for post-conviction relief.

If Baker’s petitions are treated as habeas corpus petitions, they must be filed in the county of the “nearest circuit court…

2Cases cited10 opinions

  1. Drayton v. StateCourt of Criminal Appeals of Alabama · 1992
  2. Cooper v. WimanSupreme Court of Alabama · 1962
  3. Miller v. District Court of Iowa ex rel. Lee CountySupreme Court of the United States · 1962
  4. Redus v. WilliamsSupreme Court of Alabama · 1943
  5. Salter v. StateCourt of Criminal Appeals of Alabama · 1992

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3Cited by2 opinions

  1. Rodriguez v. Bureau of CorrectionsSupreme Court of The Virgin Islands · 2013
  2. Lockett v. StateCourt of Criminal Appeals of Alabama · 1993

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