APPELLATE COURT OPINIONS

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State of Tennessee v. Jermaine Owens

W2012-00054-CCA-R3-CD

The Shelby County Grand Jury indicted Appellant for two counts of especially aggravated kidnapping, one count for each victim; two counts of especially aggravated robbery, one count for each victim; and two counts of aggravated rape. At the conclusion of a jury trial, Appellant was found guilty of all counts. The trial court sentenced Appellant to an effective sentence of 125 years. On appeal, Appellant argues that the trial court erred in denying his motion to suppress his identification in the photographic lineup presented to one of the victims, that the evidence was insufficient to support his convictions, and that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we conclude that the trial court did not err in denying the motion to suppress the line-up results or imposing consecutive sentences. Further, we hold that the evidence was sufficient to support his convictions. Therefore, we affirm the judgments of the trial court.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Lee V. Coffee
Shelby County Court of Criminal Appeals 08/05/13
Brent A. Blye v. State of Tennessee

E2012-02626-CCA-R3-PC

The petitioner, Brent A. Blye, appeals the denial of his petition for post-conviction relief. In this case, the petitioner was convicted by a jury of possession with intent to sell 26 grams or more of cocaine, a Class C felony, possession of a Schedule III controlled substance, a Class A misdemeanor, and possession of less that .05 ounces of marijuana, a Class A misdemeanor. Following the verdict, the parties reached an agreement on sentencing whereby the petitioner would serve twelve years as a Range II offender on the cocaine conviction and eleven months and twenty-nine days on each of the misdemeanors. As part of the same sentencing agreement, the petitioner entered guilty pleas and was sentenced in three unrelated cases at the same time. On appeal, he contends that the post-conviction court erred in denying him relief because he was denied his right to the effective assistance of counsel at trial. Specifically, he contends that trial counsel was ineffective for: (1) failing to file a timely motion for new trial; and (2) failing to develop a theory of defense at trial arguing for a lesser-included offense when evidence was available to support such a defense. Following review of the record, we remand the case to the post-conviction for a determination of whether a delayed appeal is proper based upon deficient performance in trial counsel’s failing to file a motion for new trial. The denial of post-conviction relief is affirmed in all other aspects.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge R. Jerry Beck
Sullivan County Court of Criminal Appeals 08/05/13
State of Tennessee v. Andre Benson

W2011-02566-CCA-R3-CD

Appellant, Andre Benson, was indicted by the Shelby County Grand Jury in July of 2009 with aggravated robbery and especially aggravated kidnapping. After a jury trial, Appellant was convicted of the offenses as charged in the indictment. He was sentenced as a Range II, Multiple Offender to fifteen years in incarceration for the aggravated robbery conviction and thirty-five years as a Violent Offender for the especially aggravated kidnapping conviction. The sentences were ordered to be served concurrently, for a total effective sentence of thirty-five years at 100 percent. After the denial of a motion for new trial, Appellant initiated this appeal. The following issues are presented for our review: (1) whether Appellant is entitled to relief from his kidnapping conviction as a result of the holding in State v. White, 362 S.W.3d 559 (Tenn. 2012); (2) whether the trial court violated Appellant’s right to confront witnesses by admitting preliminary hearing testimony of the victim at trial after it was determined the victim was incompetent to testify at trial; (3) whether the trial court improperly admitted excited utterances of the victim; (4) whether the trial court erred in admitting expert witness testimony about the victim’s mental state; (5) whether the evidence was sufficient to support the convictions; (6) whether the trial court improperly sentenced Appellant; and (7) whether cumulative error affected Appellant’s constitutional due process rights. After a review of the evidence and applicable authorities, we determine: (1) the trial court properly determined that the victim was unavailable at trial such that the State could utilize her preliminary hearing testimony; (2) the trial court properly admitted excited utterances of the victim; (3) Appellant waived any issue with regard to hearsay admitted during the testimony of Jarian Henry based on the failure to object to the evidence; (5) Appellant is entitled to relief from his aggravated kidnapping conviction based on White because the issue has been fairly raised and we conclude that the error was not harmless beyond a reasonable doubt; (6) the evidence was sufficient to support the conviction for aggravated robbery; and (7) the trial court properly sentenced Appellant. Accordingly, Appellant’s aggravated robbery conviction is affirmed, but a new trial is required on the especially aggravated kidnapping conviction. Therefore, this case is remanded for further proceedings as set out in this opinion.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge James C. Beasley Jr.
Shelby County Court of Criminal Appeals 08/02/13
State of Tennessee v. Luis Guillen

W2012-00826-CCA-R3-CD

The defendant, Luis Guillen, was found guilty after a trial by jury of one count of aggravated rape, a Class A felony, and one count of aggravated kidnapping, a Class B felony. He was sentenced as a violent offender to twenty-five years for the aggravated rape and to a consecutive ten years for the aggravated kidnapping, for a total effective sentence of thirtyfive years. On appeal, the defendant claims that the evidence is insufficient to support his convictions and that his sentence is excessive. After reviewing the record and the arguments of the parties, we affirm the judgments of the trial court.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Lee V. Coffee
Shelby County Court of Criminal Appeals 08/02/13
Larry Hunt v. State of Tennessee

W2012-01682-CCA-R3-PC

The Petitioner, Larry Hunt, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions of aggravated robbery, aggravated kidnapping, and aggravated rape and resulting effective sentence of thirty-two years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. However, because the post-conviction court failed to make any findings of fact or conclusions of law in its denial of the petition, we reverse the judgment of the post-conviction court and remand the case for further proceedings consistent with this opinion.

Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge W. Otis Higgs Jr.
Shelby County Court of Criminal Appeals 08/02/13
Danny Pendergrass v. State of Tennessee

E2012-01696-CCA-R3-PC

Petitioner, Danny Pendergrass, appeals from the post-conviction court’s denial of his petition for post-conviction relief, in which he claimed that his guilty pleas were involuntarily and unknowingly entered and that his trial counsel was ineffective for failing to adequately investigate his case. Petitioner was charged in a 22-count presentment with multiple counts of rape of a child, incest, and aggravated statutory rape against the same victim. Petitioner entered best interests pleas to all counts and received an effective sentence of 25 years in confinement to be served at 100 percent. Following a thorough review of the record, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Robert H. Montgomery, Jr.
Sullivan County Court of Criminal Appeals 08/02/13
Tony Von Carruthers v. State of Tennessee

W2012-01473-CCA-R3-PD

In 1996, Petitioner, Tony Von Carruthers, was convicted of three counts of first degree murder and sentenced to death on each count by a Shelby County Jury. See State v. Carruthers, 35 S.W.3d 516, 523 (Tenn. 2000). Petitioner subsequently sought post-conviction relief for, inter alia, ineffective assistance of pretrial counsel for failing to retain an expert in the field of deoxyribonucleic acid (“DNA”) analysis. See Tony Carruthers v. State, No. W2006-00376-CCA-R3-PD, 2007 WL 4355481, at *1 (Tenn. Crim. App., at Jackson, Dec. 12, 2007), perm. app. denied, (Tenn. May 27, 2008). After a hearing, the post-conviction court denied relief, and this Court affirmed the post-conviction court’s judgment. Id. In December of 2011, Petitioner sought to have DNA analysis performed on a vaginal swab and a blanket pursuant to the Post-Conviction DNA Analysis Act of 2001. The Shelby County Criminal Court denied relief. Petitioner appeals, arguing that the post-conviction court improperly denied relief. Because Petitioner did not establish the criteria for ordering DNA analysis under the Act, the judgment of the post-conviction court is affirmed.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge John Fowlkes Jr.
Shelby County Court of Criminal Appeals 08/01/13
State of Tennessee v. Carletha Jefferson

W2012-00616-CCA-R3-CD

Appellant, Carletha Jefferson, was convicted by a Shelby County jury of voluntary manslaughter and aggravated assault. The trial court sentenced Appellant to an effective sentence of six years. On appeal, Appellant argues that the evidence was insufficient to support her conviction for aggravated assault and that the trial court erred in denying her requests for judicial diversion and probation. After a thorough review of the record, we affirm the judgments of the trial court.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Paula Skahan
Shelby County Court of Criminal Appeals 08/01/13
State of Tennessee v. Jimmy Ray Massey, Jr.

M2013-00362-CCA-R3-CD

The defendant, Jimmy Ray Massey, Jr., pled guilty in the Bedford County Circuit Court to felony failure to appear, a Class E felony, and was sentenced by the trial court as a career offender to six years at 60% in the Department of Correction. On appeal, he argues that his guilty plea was involuntary and that the trial court imposed an excessive sentence. Following our review, we affirm the judgment of the trial court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Lee Russell
Bedford County Court of Criminal Appeals 08/01/13
State of Tennessee v. James Ray Walker

W2012-01593-CCA-R3-CD

Appellant, James Ray Walker, was indicted by the Madison County Grand Jury in January of 2011 for one count of official misconduct and one count of theft of property valued at less than $500. The events that gave rise to the indictments occurred in May of 2010 while Appellant was employed by the United States Postal Service in Jackson, Tennessee. After a jury trial, Appellant was found guilty of both offenses. As a result, the trial court sentenced Appellant to two years for the conviction for official misconduct. The trial court ordered Appellant to serve 90 days of the sentence in incarceration and the balance of the sentence on probation. Appellant was sentenced to thirty days for the theft of property conviction, to be served concurrently with the sentence for official misconduct. After the denial of a motion for new trial, Appellant filed a timely notice of appeal. On appeal, Appellant presents various allegations of ineffective assistance of counsel. In addition, he asks this Court to determine if the evidence was sufficient to support the conviction and whether his sentence was “unfair.” After a review of the record, we determine that Appellant has waived any issues with respect to ineffective assistance of counsel for failure to support the issues with argument, citations to the record, or citations to authority. Moreover, we determine that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in sentencing Appellant. Consequently, the judgments of the trial court are affirmed.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Senior Judge David Hayes
Madison County Court of Criminal Appeals 08/01/13
State of Tennessee v. Kelly Ruth Osteen

M2012-02327-CCA-R3-CD

The Defendant, Kelly Ruth Osteen, pled guilty to aggravated burglary, theft of property valued under $500.00, fraudulent use of a credit card or debit card, and illegal possession of a credit card or debit card. The trial court sentenced the Defendant to a total effective sentence of three years, to be served on supervised probation. This sentence was to run concurrently with another sentence, number II-CR084354. After each of two subsequent arrests for additional criminal offenses in case number II-CR065737 and case number II-CR085803, a probation violation warrant was issued. The trial court revoked the Defendant’s probation , ordering her to serve seventy days and then return to supervised probation with an additional condition that she successfully complete the 21st Judicial District Drug Court program. Thereafter, another probation violation warrant was issued for the Defendant’s failure to complete the drug court program, and, after a hearing, the trial court revoked the Defendant’s probation and ordered that she serve her sentence in jail. On appeal, the Defendant contends that the trial court did not have jurisdiction to revoke her sentence and seeks jail credit for time she spent participating in the drug court program. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge James G. Martin, III
Williamson County Court of Criminal Appeals 08/01/13
State of Tennessee v. Martin Dean "Cub" Meeks

M2012-02200-CCA-R3-CD

The defendant, Martin Dean "Cub" Meeks, was convicted by a Grundy County jury of first degree premeditated murder and sentenced to life imprisonment. He raises three issues on appeal: (1) whether the trial court failed to properly exercise its duty as thirteenth juror; (2) whether the evidence is sufficient to establish premeditation; and (3) whether the trial court erred by not instructing the jury on voluntary intoxication. Following our review, we affirm the judgment of the trial court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Thomas W. Graham
Grundy County Court of Criminal Appeals 08/01/13
State of Tennessee v. Jerome R. Flanigan

E2012-01852-CCA-R3-CD

A Hawkins County jury convicted the Defendant of aggravated sexual battery, and the trial court sentenced him to twelve years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred when it denied him the opportunity to discover past allegations and cross-examine the victim about them; (3) the trial court erred when it denied his request to access the victim’s mother’s diary regarding the events; and (4) the trial court erred when it sentenced him. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge John F. Dugger, Jr.
Hawkins County Court of Criminal Appeals 07/31/13
James Perry Hyde v. State of Tennessee

E2012-01243-CCA-R3-PC

Petitioner, James Perry Hyde, has appealed from the Hamblen County Criminal Court’s dismissal of his Petition for Forensic DNA Analysis pursuant to Tennessee Code Annotated section Title 40, Chapter 30, Part 3. After review of the entire record, we conclude that the analysis sought by Petitioner is not included within the statutory definition of “DNA analysis.” We therefore affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Thomas Wright
Hamblen County Court of Criminal Appeals 07/31/13
State of Tennessee v. Joshua Brandon Tate

M2011-02128-CCA-R3-CD

Appellant, Joshua Brandon Tate, was indicted by the Davidson County Grand Jury for seven counts of sexual battery, eight counts of rape, and one count of solicitation of a minor. A jury found Appellant guilty on all counts. Appellant was sentenced to an effective sentence of twenty years. The trial court granted a portion of Appellant’s motion for new trial, vacating the rape convictions in counts seven through twelve, and the conviction for sexual battery in count thirteen. As a result, Appellant’s effective sentence was reduced to eleven years. On appeal, the following issues are raised for our review: (1) whether the evidence was sufficient to support the convictions; (2) whether the trial court erred in admitting the recordings of the victim’s interview; (3) whether the trial court erred in allowing testimony about Appellant’s failure to attend voluntary interviews with the police; and (4) whether the trial court erred in allowing testimony about Appellant’s failure to attend voluntary interviews with the police. After a review of the record, we determine: (1) the evidence is sufficient to support the convictions; (2) the trial court properly admitted prior consistent statements of the victim in order to rehabilitate her testimony following cross-examination. However, the trial court erred in admitting testimony to the effect that Appellant failed to attend voluntary police interviews, and this error requires reversal for a new trial.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Monte Watkins
Davidson County Court of Criminal Appeals 07/31/13
State of Tennessee v. Marlon Sontay

M2012-01579-CCA-R3-CD

Appellant, Marlon E. Sontay, was indicted by the Davidson County Grand Jury for four counts of rape of a child, two counts of aggravated sexual battery, and one count of rape. Appellant was convicted by a jury of all counts. Appellant was sentenced to twenty five years for each count of rape of a child, eight years for each count of aggravated sexual battery, and eight years for rape. The trial court ordered Count Two for rape of a child to run consecutively to Count One for rape of a child. The remaining counts were ordered to run concurrently to each other, for a total effective sentence of 50 years at 100%. Appellant filed a timely motion for a new trial, which was denied by the trial court. Appellant raises the following issues for our review: (1) whether the trial court erred in denying the motion to suppress; (2) whether the trial court improperly admitted hearsay testimony of statements made by the victim during the testimony of the nurse practitioner who performed the victim’s medical examination; (3) whether the evidence was sufficient to support the convictions; (4) whether the trial court improperly sentenced Appellant; and (5) whether the trial court erred in declining to find Tennessee Code Annotated sections 39-13-504, 39-13-522, and 39-13-523 unconstitutional. After a review of the record and applicable authorities, we hold that: (1) the trial court did not abuse its discretion in denying the motion to suppress where Appellant voluntarily confessed to detectives; (2) Appellant has waived any issue with regard to the admission of hearsay testimony by failing to object to the testimony at trial and raise the issue in a motion for new trial; (3) the evidence is sufficient to support the convictions for rape of a child, aggravated sexual battery, and rape; (4) the trial court did not abuse its discretion in sentencing Appellant within the range of punishment for his convictions; and (5) the trial court did not err in refusing to find Tennessee Code Annotated sections 39-13-504, 39-13-522, and 39-13-523 unconstitutional. Accordingly, the judgments of the trial court are affirmed.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Seth Norman
Davidson County Court of Criminal Appeals 07/31/13
State of Tennessee v. Eric Bledsoe

W2012-01643-CCA-R3-CD

Eric Bledsoe (“the Defendant”) was convicted by a jury of aggravated rape, aggravated burglary, and theft of property over $1000. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of sixty-five years’ incarceration. On appeal, the Defendant challenges the sufficiency of the evidence regarding his conviction for aggravated rape. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Chris Craft
Shelby County Court of Criminal Appeals 07/31/13
David Scott Winfrey v. State of Tennessee

M2012-01148-CCA-R3-CO

On April 10, 2008, the petitioner entered a no contest plea to twenty-nine Class A misdemeanors consisting of one count of aggravated criminal trespass, one count of stalking, thirteen counts of harassment, and fourteen counts of violation of an order of protection. State v. Winfrey (Winfrey II), No. M2009-02480-CCA-R3-CD, 2010 WL 4540288, at *1-2 (Tenn. Crim. App. Nov. 10, 2010). The petitioner was ultimately sentenced to eleven months and twenty-nine days for each conviction, with ten of the sentences to be served consecutively for an effective sentence of just under ten years. The trial court ordered three of the consecutive sentences to be served in confinement and the remaining seven to be served on probation. The petitioner was arrested on December 8, 2010, during the pendency of his appeal; and after a hearing held in April 2011, the trial court revoked the petitioner’s probation and ordered him to serve his remaining seven consecutive eleven-month-twenty-nine-day sentences in confinement. The petitioner did not file a direct appeal. Instead, on March 15, 2012, the petitioner filed a motion to serve the balance of his sentence on probation. In the alternative, the petitioner sought to have the court set aside the probation revocation pursuant to the writ of error coram nobis based on the expunction of the record of his December 2010 arrest due to a stay of probation in effect at the time. The trial court denied both the motion to serve the remaining sentence on probation and the petition for the writ of error coram nobis, as well as an oral motion for the judge’s recusal. The petitioner appeals. After a thorough review of the record, we find no error and accordingly affirm the judgments of the trial court.

Authoring Judge: Senior Judge Paul G. Summers
Originating Judge:Judge Dee David Gay
Sumner County Court of Criminal Appeals 07/30/13
State of Tennessee v. Clifton Williams, Jr.

M2012-00902-CCA-R3-CD

A jury convicted the defendant, Clifton Williams, Jr., of voluntary manslaughter, a Class C felony. The defendant also pled guilty to unlawful possession of a firearm by a felon, a Class E felony. He was sentenced as a Range II offender to eight years’ confinement for the manslaughter conviction and four years’ confinement for the felon in possession of a firearm conviction, to be served consecutively. The defendant appeals, challenging the sufficiency of the evidence supporting his conviction for manslaughter. The defendant also asserts that the trial court erred in failing to include the definition of curtilage in the self-defense instruction, in enhancing the defendant’s sentences, and in imposing consecutive sentences. After a thorough review of the record, we affirm the judgments of the trial court

Authoring Judge: Senior Judge Paul G. Summers
Originating Judge:Judge David Bragg
Rutherford County Court of Criminal Appeals 07/30/13
State of Tennessee v. James Anthony Johnson, Jr.

E2012-01212-CCA-R3-CD

The Defendant, James A. Johnson Jr., pleaded guilty in the Criminal Court for Knox County to possession with the intent to sell marijuana within 1000 feet of a school, a Class E felony, possession of a firearm during the commission of a dangerous felony, a Class D felony, possession of drug paraphernalia, a Class A misdemeanor, and driving on a suspended license, a Class B misdemeanor. The Defendant was sentenced to three years for possession with the intent to sell marijuana with two years of the sentence to be served at 100% and the remaining year to be served at 30%, three years for possession of a firearm during the commission of a dangerous felony to be served consecutively to the marijuana sentence, eleven months and twenty-nine days for possession of drug paraphernalia to be served concurrently with the marijuana sentence, and six months for driving on a suspended license to be served concurrently with the marijuana sentence. On appeal, the Defendant presents a certified question of law regarding the legality of the traffic stop and subsequent arrest and searches that led to his convictions. Because the certified question was not properly reserved, we dismiss the appeal for lack of jurisdiction.

Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Judge Bob R. McGee
Knox County Court of Criminal Appeals 07/30/13
Timothy William Jelks v. State of Tennessee

M2012-00984-CCA-R3-PC

Timothy William Jelks seeks post-conviction relief from a guilty plea and conviction for aggravated child neglect, a Class A felony. Tenn. Code Ann. § 39-15-402. Jelks claims his counsel failed to advise him properly during his plea bargain and asserts the one (1) year statute of limitations should be tolled due to new constitutional rights established by the United States Supreme Court. Finding no merit to the assertions of the appellant, we affirm the judgment of the Circuit Court in all aspects.

Authoring Judge: Senior Judge Paul G. Summers
Originating Judge:Judge Dee David Gay
Sumner County Court of Criminal Appeals 07/30/13
State of Tennessee v. Terry Marcum

E2012-01846-CCA-R3-CD

The Defendant, Terry Marcum, appeals the Sevier County Circuit Court’s revoking his probation for two counts of domestic assault and ordering him to serve his consecutive sentences of eleven months, twenty-nine days. The Defendant contends that the trial court abused its discretion in revoking his probation. We affirm the judgments of the trial court.

Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Judge Richard R. Vance
Sevier County Court of Criminal Appeals 07/30/13
Vario Talley v. State of Tennessee

W2012-01478-CCA-R3-PC

Vario Talley (“the Petitioner”) filed a petition for post-conviction relief from his convictions for aggravated robbery and carjacking. In his petition, he alleged that he received ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that his counsel at trial was ineffective in failing to object to the admissibility of video surveillance evidence. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge W. Mark Ward
Shelby County Court of Criminal Appeals 07/30/13
State of Tennessee v. Matthew Brian Graham

M2012-01824-CCA-R3-CD

Appellant, Matthew B. Graham, pled guilty to attempted abuse of a child, under 8 years of age, in violation of Tennessee Code Annotated, section 39-15-401, a Class E felony. On the same day, he pled guilty to three informations, each charging him with possession of a controlled substance in violation of Tennessee Code Annotated, section 53-11-402. Appellant received a two-year sentence in the Tennessee Department of Correction for the attempted child abuse and each of the possession of a controlled substance pleas. Appellant’s total effective sentence was 8 years, to be suspended on state supervised probation. Appellant violated his probation and was ordered to serve the remainder of his 8 year sentence in the Tennessee Department of Correction. Appellant filed a motion to modify sentence to allow him to go back on probation. The trial court denied the motion. We affirm the trial court’s denial of the motion to modify the sentence.

Authoring Judge: Senior Judge Paul G. Summers
Originating Judge:Judge Don R. Ash
Rutherford County Court of Criminal Appeals 07/30/13
Michael Gibbs, Jr. v. State of Tennessee

E2012-02690-CCA-R3-HC

Petitioner, Michael Gibbs, Jr., filed a petition for writ of habeas corpus in the Morgan County Circuit Court, claiming that his sentence was expired and that he was being illegally restrained. The State filed a motion to dismiss on the grounds that petitioner failed to comply with the statutory requirements governing petitions for writ of habeas corpus. The habeas corpus court granted the State’s motion and summarily dismissed the petition. Following our review, we affirm the judgment of the habeas corpus court.

Authoring Judge: Judge Roger A. Page
Originating Judge:Judge E. Eugene Eblen
Morgan County Court of Criminal Appeals 07/29/13