Burks v. State

BOWEN, Judge.

This is an appeal from the dismissal of a petition for writ of habeas corpus. The petitioner challenges his conviction for murder on the grounds that his guilty plea was coerced and that his counsel was ineffective.

The petition should not have been dismissed on the ground that habeas corpus is not the proper remedy for the relief requested. The petition should have been treated as a Rule 32, A.R.Crim.P., petition for post-conviction relief. Under Rule 32.4, A.R.Crim.P., “A proceeding under this rule displaces all post-trial remedies except post-trial motions under Rule 24 and…