Opinion
No. 2050867.
November 17, 2006.
Appeal from Colbert Circuit Court (CV-06-32), Jacqueline M. Hatcher, Judge.
Dennis Williams, pro se.
Troy King, atty. gen., and Robin D. Scales and John M. Porter, asst. attys. gen., for appellee.
AFFIRMED. NO OPINION.
See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.; Washington v. Bill Heard Chevrolet, Inc., 876 So.2d 1103, 1105 (Ala. 2003); Alabama Public Service Comm'n v. AAA Motor Lines, Inc., 272 Ala. 362, 369, 131 So.2d 172, 177 (1961); and Huggins v. Alabama Dep't of Public Safety, 891 So.2d 337, 339 (Ala.Civ.App. 2004).
This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala. Code 1975.
PITTMAN and BRYAN, JJ., concur.
THOMPSON, J., dissents, with writing, which MURDOCK, J., joins.
The record reveals that, although Dennis Williams styled this action as a declaratory-judgment action, Williams actually sought postconviction relief pursuant to Rule 32, Ala. R.Crim. P. In his complaint, Williams alleged that his constitutional rights had been violated by the trial court's "indefinite characterization of the indicted offense [as] `murder'" while giving instructions at his 1981 trial. The scope of Rule 32, Ala. R.Crim. P., encompasses the relief sought by Williams in his complaint. Because I believe that jurisdiction is proper in the Court of Criminal Appeals, I must dissent.
MURDOCK, J., joins.