Opinion
C.C.A. No. 02C01-9610-CC-00327.
January 26, 1998.
LAKE COUNTY, HON. JOE G. RILEY, JR., JUDGE, (Habeas corpus).
AFFIRMED
FOR THE APPELLANT:
E. L. (ELDRED) REID, pro se #203343 NWCC.
FOR THE APPELLEE:
JOHN KNOX WALKUP, Attorney General Reporter, KENNETH W. RUCKER, Asst. Attorney General, C. PHILLIP BIVENS, District Attorney General.
OPINION
The petitioner filed his petition for writ of habeas corpus on July 9, 1996. He is currently incarcerated on a nine year sentence for rape. The court below summarily dismissed the petition. We affirm. Prior to filing this petition, the petitioner pursued a direct appeal of his conviction in this Court, where it was affirmed. See State v. Eldred Reid, No. 01C01-9511-CC-00390, Rutherford County (Tenn.Crim.App. filed June 6, 1997, at Nashville). His Rule 11 application from that decision to our Supreme Court is currently pending. Petitions for habeas corpus and/or post-conviction relief cannot be maintained while a direct appeal is pending. See Hankins v. State, 512 S.W.2d 591, 592 (Tenn.Crim.App. 1974). Accordingly, the judgment below is affirmed.
________________________________ JOHN H. PEAY, Judge
CONCUR:
________________________________ PAUL G. SUMMERS, Judge
________________________________ DAVID G. HAYES, Judge