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Nelson v. State

Court of Criminal Appeals of Tennessee. , at Knoxville
Mar 26, 1998
C.C.A. No. 03C01-9704-CR-00142 (Tenn. Crim. App. Mar. 26, 1998)

Opinion

C.C.A. No. 03C01-9704-CR-00142.

March 26, 1998.

JOHNSON COUNTY, HON. LYNN BROWN, JUDGE, (Habeas Corpus).

ON APPEAL FROM THE JUDGMENT OF THE CRIMINAL COURT OF JOHNSON COUNTY

AFFIRMED PURSUANT TO RULE 20

FOR THE APPELLANT:

JERRY NELSON, Pro Se

FOR THE APPELLEE:

JOHN KNOX WALKUP, Attorney General and Reporter, TIMOTHY F. BEHAN, Assistant Attorney General, DAVID CROCKETT, District Attorney General.


ORDER

The Appellant appeals as of right from the trial court's dismissal of his pro se petition for Writ of Habeas Corpus. It appears from the petition and exhibits filed therewith that the Appellant was convicted of rape and sentenced to life imprisonment in 1977. On September 11, 1996, the Appellant filed the instant habeas corpus petition alleging that his judgment of conviction was void because the indictment failed to adequately allege the culpable mental state required of the offense charged. The trial court dismissed the petition. We conclude that the Appellant is not entitled to habeas corpus relief and we therefore affirm the trial court's order of dismissal.

In support of his petition and argument, the Appellant relies primarily upon the decision of this Court in State v. Roger Dale Hill, C.C.A. No. 01C01-9508-CC-00267, Wayne County, (Tenn.Crim.App., Nashville, June 20, 1996). We first note that this Court's decision in Hill was based upon an interpretation of our new criminal code, and this code is applicable only to offenses occurring after November 1, 1989. Secondly, our supreme court has reversed this Court's decision in Hill. See State v. Hill, 954 S.W.2d 725 (Tenn. 1997).

In the case sub judice, we have examined the language of the challenged indictment and we conclude that the indictment adequately alleged the criminal offense charged and sufficiently informed the Appellant of the charge against him such that the convicting court had jurisdiction. We see no reason for further discussion or analysis. The Appellant's conviction is not void.See Charles Edward Orren v. State, C.C.A. No. 03C01-9704-CR-00141, Johnson County (Tenn.Crim.App., Knoxville, Feb. 13, 1998); George F. Jones, Jr. v. State, C.C.A. No. 03C01-9702-CR-00062, Johnson County (Tenn.Crim.App., Knoxville, Feb. 3, 1998); Randy Blaine Knight v. Carlton, Warden, C.C.A. No. 03C01-9705-CR-00162, Johnson County (Tenn.Crim.App., Knoxville, Jan. 26, 1998); Perry C. Riley v. State, C.C.A. No. 03C01-9705-CR-00181, Morgan County (Tenn.Crim.App., Knoxville, Jan. 23, 1998); Roy A. Burch v. State, C.C.A. No. 03C01-9610-CR-00391, Johnson County, (Tenn.Crim.App., Knoxville, Jan. 16, 1998); State v. Darel G. Bolin, C.C.A. No. 03C01-9212-CR-00450, Cumberland County (Tenn.Crim.App., Knoxville, Jan. 15, 1998); Joseph Ronald Duclos v. State, C.C.A. No. 03C01-9705-CR-00182, Morgan County (Tenn.Crim.App., Knoxville, Jan. 16, 1998);State v. Rogers L. McKinley, C.C.A. No. 03C01-9612-CR-00455, Bledsoe County; (Tenn.Crim.App., Knoxville, Jan. 6, 1998); Timothy Wayne Johnson v. Bowlen, Warden, C.C.A. No. 03C01-9611-CR-00443, Bledsoe County (Tenn.Crim.App., Knoxville, Dec. 23, 1997); Darryl Douglas Sheets v. State, C.C.A. No. 03C01-9701-CR-00031, Johnson County (Tenn.Crim.App., Knoxville, Dec. 23, 1997); Jerry Cox v. State,C.C.A. No. 03C01-9610-CR-00392, Johnson County (Tenn.Crim.App., Knoxville, Dec. 23, 1997); Bruce Belk v. State, C.C.A. No. 03C01-9703-CR-00109, Morgan County (Tenn.Crim.App., Knoxville, Dec. 23, 1997); Abel Rodriguez, Jr. v. State,C.C.A. No. 03C01-9612-CR-00463, Greene County (Tenn.Crim.App., Knoxville, Dec. 23, 1997); Donald Wayne Holt v. State, C.C.A. No. 03C01-9702-CR-00059, Johnson County (Tenn.Crim.App., Knoxville, Dec. 23, 1997; Gene Hibbard v. State, C.C.A. No. 03C01-9702-CR-00077, Knox County (Tenn.Crim.App., Knoxville, Dec. 23, 1997).

We conclude that no error of law requiring a reversal of the judgment is apparent on the record. Based upon a thorough reading of the record, the briefs of the parties, and the law governing the issues presented for review, the judgment of the trial court is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee.

________________________________ DAVID H. WELLES, JUDGE

CONCUR:

________________________________ DAVID G. HAYES, JUDGE

________________________________ THOMAS T. WOODALL, JUDGE


Summaries of

Nelson v. State

Court of Criminal Appeals of Tennessee. , at Knoxville
Mar 26, 1998
C.C.A. No. 03C01-9704-CR-00142 (Tenn. Crim. App. Mar. 26, 1998)
Case details for

Nelson v. State

Case Details

Full title:JERRY NELSON, Appellant, v. STATE OF TENNESSEE, Appellee

Court:Court of Criminal Appeals of Tennessee. , at Knoxville

Date published: Mar 26, 1998

Citations

C.C.A. No. 03C01-9704-CR-00142 (Tenn. Crim. App. Mar. 26, 1998)