Smith v. Dukes

2 Citing cases

  1. Smith v. State

    No. W2004-00689-CCA-R3-HC (Tenn. Crim. App. Aug. 16, 2005)   Cited 1 times

    One peril of choosing to hear a case presented in the wrong venue is evidenced by the fact in this case that the records of this court reflect that the Appellant appealed an escape conviction in Hardeman County resulting in a forty-month sentence, which could implicate the issue of his illegal restraint in this case. Michael W. Smith. v. James Dukes, Warden, No. W2001-01535-CCA-R3-PC (Tenn.Crim.App. at Jackson, Feb. 1, 2002). The trial court chose to consider the petition on the merits despite the procedural defaults concluding:

  2. DASH v. WARDEN

    No. E2001-02867-CCA-R3-PC (Tenn. Crim. App. Sep. 11, 2002)   Cited 4 times

    The costs accrued in the trial court should be taxed to the State. See Michael W. Smith v. James Dukes, Warden, No. W2001-01535-CCA-R3-PC (Tenn.Crim.App., at Jackson, Feb. 1, 2002) (reversing trial court's order taxing habeas corpus petitioner with costs where petitioner's status as pauper was apparent). Accordingly, the trial court's order taxing costs to the petitioner is reversed.