State of Tennessee v. Maurice Tyrone Flanigan

The Defendant, Maurice Tyrone Flanigan, filed a pro se pleading seeking to “correct” his six-year sentence for robbery, asserting that it had expired. The trial court treated the filing as a petition for a writ of habeas corpus and directed that the Defendant be brought before the court for a hearing. At that hearing, the trial court concluded that the Defendant’s sentence had expired and entered a release order based on its understanding that the district attorney general did not dispute that conclusion. The State now appeals through the Attorney General and Reporter, contending that it was entitled to notice and an opportunity to be heard before the trial court granted habeas corpus relief. Upon our review, we agree that the Attorney General and Reporter is the only party who is statutorily authorized to appear and represent the State’s interests in a habeas corpus proceeding. Accordingly, we respectfully vacate the trial court’s order granting relief and remand for further proceedings so that the Attorney General may present the State’s arguments in the first instance.