Tennessee Administrative Office of the Courts

The Defendant, Tammy Marie Wilburn, was convicted by a Blount County Circuit Court jury of attempt to commit aggravated arson, a Class B felony. See T.C.A. § 39-14-302 (2010). The trial court sentenced the Defendant as a Range I, standard offender to twelve years’ confinement. On appeal, the Defendant contends that the prosecutor’s statements regarding his personal beliefs of witness credibility is reversible error. We affirm the judgment of the trial court.

The petitioner, Jesse L. Rogers, III, pro se, appeals the trial court’s dismissal of his petition for a writ of habeas corpus from his 1994 convictions for first degree murder and attempted first degree murder. He claims the judgment is void due to an invalid waiver of his constitutional rights during the entry of his guilty plea. The trial court denied relief without appointing counsel, concluding that the petitioner failed to state a cognizable claim for habeas corpus relief. Following our review, we affirm the judgment of the trial court.

The Defendant, Demetree Ptomey, appeals the Sullivan County Criminal Court’s order revoking his probation for possession of oxycodone for sale or delivery, a Class C felony, and ordering his five-year sentence into execution. On appeal, the Defendant contends that the trial court erred in ordering him to serve his sentence. We affirm the judgment of the trial court.

The defendant, James Lee Harris, appeals as of right from the Hamilton County Criminal Court’s orders revoking his probationary sentences and ordering the sentences to be served in confinement. The defendant’s counsel has filed a motion to withdraw pursuant to Rule 22 of the Rules of the Tennessee Court of Criminal Appeals. We find the motion well-taken and, in accordance with Rule 22 F), affirm the trial court’s orders pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

The Petitioner, Randy B. Braswell, Jr., appeals the Hamilton County Criminal Court’s denial of post-conviction relief from his 2006 convictions for second degree murder and aggravated child abuse and his effective twenty-two-year sentence. On appeal, he contends that the trial court erred by finding counsel provided the effective assistance of counsel. We affirm the judgment of the trial court.

The Petitioner, Andrew Lee Moats, Jr., filed a petition for writ of error coram nobis alleging that newly discovered evidence—a recorded interview with Marlene Walker and the prior criminal record of Richard Breeden—mandated a new trial. He further argued that he was entitled to relief because the State failed to disclose this evidence and failed “to reveal all deals with witnesses.” The Knox County Criminal Court summarily dismissed the petition concluding that the Petitioner did not state a cognizable claim for coram nobis relief. Following a review of the record, we conclude that the Petitioner has failed to allege the existence of subsequently or newly discovered evidence that would warrant relief under a writ of error coram nobis. The order of summary dismissal is affirmed.

The Petitioner, Andrew Lee Moats, Jr., filed a petition for writ of error coram nobis alleging that newly discovered evidence—a recorded interview with Marlene Walker and the prior criminal record of Richard Breeden—mandated a new trial. He further argued that he was entitled to relief because the State failed to disclose this evidence and failed “to reveal all deals with witnesses.” The Knox County Criminal Court summarily dismissed the petition concluding that the Petitioner did not state a cognizable claim for coram nobis relief. Following a review of the record, we conclude that the Petitioner has failed to allege the existence of subsequently or newly discovered evidence that would warrant relief under a writ of error coram nobis. The order of summary dismissal is affirmed.

Pro se petitioner, Tony Hoover, appeals the Lake County Circuit Court’s denial of his petition for writ of habeas corpus. The petitioner entered a plea of nolo contendere to two counts of rape and two counts of incest, and he received an effective sentence of twenty-one years in the Tennessee Department of Correction. On appeal, the Petitioner argues that the judgments were illegal because they did not impose mandatory lifetime community supervision or a sex offender surcharge. Because the Petitioner’s judgments do not reflect the statutory requirement of mandatory lifetime community supervision, we conclude that the judgments for rape are illegal and void. We vacate the Petitioner’s sentences for rape only and remand to the habeas court for an evidentiary hearing to determine whether the illegal sentence was a bargained for element of the Petitioner’s plea agreement. In all other respects, the judgment of the habeas corpus court is affirmed.