Timothy Roberson v. State of Tennessee

In 1995, a Gibson County jury convicted the Petitioner, Timothy Roberson, of first degree felony murder and especially aggravated robbery, and the trial court sentenced him to an effective sentence of life imprisonment plus fifteen years. The Petitioner filed a petition for habeas corpus relief, his second such petition, alleging that his conviction is void. The habeas corpus court summarily dismissed the petition for failure to state a cognizable claim, and the Petitioner filed a timely notice of appeal. On appeal, he contends: (1) the jury found him guilty of felony murder without first determining whether he had the intent to commit the predicate felonyof robbery; (2) the indictmentfor felonymurder failed to allege facts that constitute an offense; (3) the trial court lacked jurisdiction to convict because both convictions were based on one criminal episode, violating double jeopardy; (4) the trial court failed to instruct the jury on the lesser-included offenses of reckless homicide and criminally negligent homicide; and (5) during sentencing, the trial court improperly instructed the jury that torture is an aggravating factor. Upon a review of the record in this case, we are persuaded that the habeas corpus court properly dismissed the petition for habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed.