Strother v. State

TAYLOR, Judge.

The appellant, Calvin Strother, appeals from the denial of his petition for post-conviction relief styled as a petition for a writ of habeas corpus. The appellant’s petition for post-conviction relief presented issues cognizable in a petition filed pursuant to Rule 32.6, A.R.Crim.P.

“When a post-conviction petition seeking relief from conviction or sentence is filed with the circuit court that is not in the proper form as prescribed by Rule 32, notwithstanding the style of the petition, the court should return the petition to the petitioner to allow him to file the proper form.”

Dr…