Raymond Mitchell v. State of Tennessee

Case Number
M2003-02063-CCA-R3-PC

The petitioner, Raymond Mitchell, was convicted in 1996 of two counts of rape and one count of attempted rape. He pled nolo contendere to a third rape charge, which was reduced to sexual battery. He received a total effective sentence of fifteen years as a Range I, standard offender, and his convictions were affirmed on direct appeal. Subsequently, he filed a petition for declaratory judgment in the Chancery Court for Davidson County, alleging he was entitled to earn sentence reduction credits and challenging his classification as a "multiple rapist." The trial court dismissed the petition and he appealed. The Court of Appeals held that the Department of Correction ("DOC") did not err by classifying the petitioner as a multiple rapist and determining he was not eligible for sentence reduction credits. The petitioner then filed a petition for post-conviction relief, alleging ineffective assistance of counsel, prosecutorial misconduct, improper jury instructions, double jeopardy violations, and again challenging the sentence enforcement by the DOC. Following a hearing, the post-conviction court denied the petition, and this appeal followed. We affirm the order of the post-conviction court denying the petition but remand for entry of corrected judgments in Counts 2 and 3 to reflect that the petitioner is a "multiple rapist," and his sentences are to be served as such.

Authoring Judge
Judge Alan E. Glenn
Originating Judge
Judge Seth W. Norman
Case Name
Raymond Mitchell v. State of Tennessee
Date Filed
Dissent or Concur
No
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