Opinion

Christopher H. Martin v. Mike Parris, Warden and State of Tennessee

Court
Court of Criminal Appeals of Tennessee
Filed
Jun 23, 2020
Status
Published
On the bench
Judge Robert H. Montgomery, Jr.
Cited by
0 cases
Authority
More cited than 12.0%

The opinion

06/23/2020

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

CHRISTOPHER H. MARTIN v. MIKE PARRIS, WARDEN, AND STATE

OF TENNESSEE

Appeal from the Criminal Court for Morgan County

No. 2019-CR-52 Jeffery H. Wicks, Judge

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No. E2019-01500-CCA-R3-HC

___________________________________

The pro se Petitioner, Christopher H. Martin, appeals from the Morgan County Criminal

Court’s order summarily denying his petition for a writ of habeas corpus. The State has

filed a motion to affirm the habeas corpus court’s judgment pursuant to Rule 20 of the

Tennessee Court of Criminal Appeals. Following our review, we conclude that the

State’s motion is well-taken and affirm the judgment of the habeas corpus court.

Tenn. R. App. P. 3; Judgment of the Criminal Court Affirmed

Pursuant to Rule 20 of the Court of Criminal Appeals.

ROBERT H. MONTGOMERY, JR., J., delivered the opinion of the court, in which NORMA

MCGEE OGLE and D. KELLY THOMAS, JR., JJ., joined.

Christopher H. Martin, Pro Se, Wartburg, Tennessee.

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior

Assistant Attorney General; Jeffrey D. Zentner, Assistant Attorney General; and Russell

Johnson, District Attorney General, for the appellee, State of Tennessee.

MEMORANDUM OPINION

Factual Background

This court’s recitation of facts stated in the Petitioner’s appeal from the denial of

post-conviction relief sets forth the procedural history of this case.

On August 22, 1996, petitioner pleaded guilty to one count of child

molestation and one count of statutory rape in Chattooga County, Georgia.

The Georgia court sentenced him to two consecutive terms of twenty years,

of which the first would be served in confinement and the second

suspended to probation. On May 21, 1997, petitioner pleaded guilty in

Hamilton County, Tennessee, to two counts of rape of a child. According

to the plea agreement, appended as an exhibit to petitioner’s post-

conviction petition, petitioner agreed to serve two twenty-five-year

sentences at one hundred percent. The Tennessee sentences were to be

served concurrently with each other and with his Georgia sentences. At the

plea submission hearing, petitioner asked whether he would be “housed” in

Tennessee, and the trial court responded that the decision was left to the

two departments of correction. Subsequently, petitioner was confined in

Georgia for many years. During that time, he filed numerous motions and

petitions in various courts, some of which he appended to his post-

conviction petition. In general, the documents reveal that petitioner

believed he would be forced to serve his Tennessee sentences consecutively

to his Georgia sentences in contravention of his plea agreement. According

to his appellate brief, petitioner was transferred to Tennessee on July 27,

2012.

Petitioner filed the instant petition for post-conviction relief on July

25, 2013. Among other issues, the key allegation presented in his petition

is that his plea agreement included conditions that he would be housed in

Tennessee and that if he were to return to Georgia, his Tennessee and

Georgia sentences would be “co-terminus.” Petitioner argued that the State

of Tennessee first breached his plea agreement when he was returned to

Georgia and then again when he was transferred to Tennessee. The post-

conviction court summarily dismissed the petition as untimely. In its

August 28, 2013 order, the post-conviction court stated that nothing in the

petition or in the appended exhibits supported petitioner’s contention that

the State breached its plea agreement and, consequently, that no breach

occurred after the expiration of the statute of limitations that would toll the

application of the statute. Subsequently, petitioner filed an untimely notice

of appeal on October 15, 2013.

Christopher H. Martin v. State, No. E2013-02343-CCA-R3-PC, 2014 WL 1396678, at *1

(Tenn. Crim. App. Apr. 9, 2014), perm. app. denied (Tenn. Sept. 19, 2014). This court

affirmed the post-conviction court’s order summarily dismissing the petition as untimely.

Id. at *3. This court’s opinion also notes that the post-conviction court sua sponte

corrected a clerical error on the judgments to accurately reflect the award of pretrial jail

credits. Id. at *1, n1.

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On June 18, 2019, the Petitioner filed a pro se petition for a writ of habeas corpus

alleging that his convictions were void because the trial court failed to award sentence

reduction credits the Petitioner alleges were required as terms of the plea agreement, that

his plea was involuntarily entered as the result of the ineffective assistance of counsel,

and that the State breached the plea agreement for failing to ensure that sentence

reduction credits were noted on the judgments. On July 31, 2019, the habeas corpus

court summarily denied relief. The Petitioner filed a timely notice of appeal with this

court. Following the Petitioner’s filing of the brief, the State filed a motion asking this

court to affirm the habeas corpus court’s judgment by memorandum opinion pursuant to

Tennessee Court of Criminal Appeals Rule 20. The Petitioner has not filed a response to

the State’s motion.

Analysis

Habeas corpus relief is generally available to “[a]ny person imprisoned or

restrained of liberty” whose judgment is void or whose sentence has expired. T.C.A. §

29-21-101 (2012); see Tucker v. Morrow, 335 S.W.3d 116, 119-20 (Tenn. Crim. App.

2009). A petitioner has the burden of proving by a preponderance of the evidence that a

judgment is void or that a sentence has expired. State v. Davenport, 980 S.W.2d 407, 409

(Tenn. Crim. App. 1998). A void judgment exists if it appears from the face of the

judgment or the record that the convicting court lacked jurisdiction or authority to

sentence the defendant or that the defendant's sentence has expired. Archer v. State, 851

S.W.2d 157, 161 (Tenn. 1993); see Moody v. State, 160 S.W.3d 512, 515 (Tenn. 2005).

In contrast, “[a] voidable judgment is one that is facially valid and requires proof beyond

the face of the record or judgment to establish its invalidity.” Summers v. State, 212

S.W.3d 251, 256 (Tenn. 2007); see State v. Ritchie, 20 S.W.3d 624, 630 (Tenn. 2000).

Post-conviction relief, not habeas corpus relief, is the appropriate avenue of relief

for certain voidable judgments. T.C.A. § 40-30-103 (2012); see Vaughn v. State, 202

S.W.3d 106, 115 (Tenn. 2006). A habeas corpus court may dismiss a petition for relief

without an evidentiary hearing or the appointment of counsel when the petition fails to

state a cognizable claim. Yates v. Parker, 371 S.W.3d 152, 155 (Tenn. Crim. App. 2012);

see T.C.A. § 29-21-109 (2012). The question of whether habeas corpus relief should be

granted is a question of law, and this court will review the matter de novo without a

presumption of correctness. Hogan v. Mills, 168 S.W.3d 753, 755 (Tenn. 2005).

The Petitioner argues that his judgments are void because the trial court failed to

award sentence reduction credits that the Petitioner claims were contemplated as a term

of the plea agreement. He also argues that the failure to award sentence reduction credits

constitutes a breach of his plea agreement and that his guilty pleas were unknowingly and

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involuntarily entered due to the ineffective assistance of counsel. We note that the

Petitioner conflates the trial court’s award of pretrial jail credits and the Department of

Correction’s award of sentence reduction credits. In any event, “a claim based on a trial

court’s failure to award pretrial jail credits is not cognizable in the context of a petition

for habeas corpus relief.” Steven Anderson v. Russell Washburn, Warden, __ S.W.3d __,

__, No. M2018-00661-SC-R11-HC, 2019 WL 3071311, at*1 (Tenn. June 27, 2019)

(order); see also Dontell Sawyer v. State, No. E2019-00187-CCA-R3-HC, 2019 WL

5079358, at *2 (Tenn. Crim. App. Oct. 10, 2019). Likewise, a claim for the award of

sentence reduction credits is not cognizable in a habeas corpus proceeding. Tucker v.

Morrow, 335 S.W.3d 116, 122 (Tenn. Crim. App. 2009), overruled on other grounds by

State v. Brown, 479 S.W.3d 200 (Tenn. 2015). This court has also held that an allegation

concerning the breach of a plea agreement is not cognizable in a habeas corpus

proceeding. See Antonio M. Miller v. Joe Easterling, Warden, No. W2009-02175-CCA-

R3-HC, 2010 WL 2787686, at *2 (Tenn. Crim. App. July 15, 2010). Finally, a claim

concerning the voluntariness of a guilty plea and the effective assistance of counsel is not

cognizable in a habeas corpus proceeding. See Thomas Ernest Young v. State, No.

M2016-02333-CCA-R3-HC, 2018 WL 444202, at *4 (Tenn. Crim. App. Jan. 17, 2018).

Therefore, we conclude that the Petitioner is not entitled to habeas corpus relief and

affirm the judgment of the habeas corpus court.

Conclusion

When an opinion would have no precedential value, this court may affirm the

judgment or action of the trial court by memorandum opinion when the judgment is

rendered or the action taken in a proceeding without a jury and such judgment or action is

not a determination of guilt and the evidence does not preponderate against the findings

of the trial court. See Tenn. Ct. Crim. App. R. 20. We conclude that this case satisfies

the criteria of Rule 20. Accordingly, the State’s motion to affirm by memorandum

opinion the judgment of the trial court denying habeas corpus relief is GRANTED. Upon

consideration of the foregoing and the record as a whole, we affirm the judgment of the

habeas corpus court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.

______________________________________

ROBERT H. MONTGOMERY, JR., JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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