Michael R. Moody v. State of Tennessee

Case Number
E2003-01131-SC-R11-PC

The petitioner, Michael Robert Moody, filed a "Motion to Correct Errors in Judgment" in which he claimed that the two sentences requiring him to register as a sexual offender are illegal. The trial court dismissed the motion, and the Court of Criminal Appeals denied Moody's request for discretionary review through the common law writ of certiorari. We conclude that the writ of certiorari is not available to review the denial of a motion to correct an illegal sentence and that a habeas corpus action, not a motion, is the proper procedure for collaterally attacking an illegal sentence. Accordingly, we affirm the judgment of the Court of Criminal Appeals.

Authoring Judge
Justice Janice M. Holder
Originating Judge
Judge Ray L. Jenkins
Case Name
Michael R. Moody v. State of Tennessee
Date Filed
Dissent or Concur
No
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