Michael W. Smith v. State of Tennessee

Petitioner, Michael W. Smith, appeals the habeas corpus court’s dismissal of his pro se petition for habeas corpus relief. On direct appeal from his convictions for assault and aggravated burglary in Shelby County, this Court determined that the trial court constructively amended the indictments during the jury charge causing reversible error. See State v. Michael Smith, No. W2011-01630-CCA-R3-CD, 2013 WL 3702369 at *7-8 (Tenn. Crim. App., at Jackson, July 12, 2013). As a result, Petitioner’s convictions were reversed and remanded for a new trial. Id. at 1. Because the habeas corpus petition in this case seeks a new trial, the judgment of this Court on direct appeal granting a new trial renders the instant appeal moot. Accordingly, Petitioner’s appeal is dismissed.