Raymond Mitchell v. State of Tennessee

Raymond Mitchell v. State of Tennessee
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
Date Filed: 
Friday, September 17, 2004