Assigned on Briefs December 2, 2014.
Appeal from the Circuit Court for Lauderdale County No. 6768 Joseph Walker, Judge.
Mike Settle, Henning, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Tracy L. Alcock, Assistant Attorney General, for the appellant, State of Tennessee.
James Curwood Witt, Jr., J., delivered the opinion of the Court, in which D. Kelly Thomas, Jr., J., joined. Roger A. Page, J., not participating.
JAMES CURWOOD WITT, JR., JUDGE.
The petitioner, as previously noted by this court, "is no stranger to the legal process." Mike Settle v. David Osborne, Warden, No. E2011-00766-CCA-R3-HC, slip op. at 1 (Tenn. Crim. App., Knoxville, Feb. 3, 2012), perm. app. denied (Tenn. Apr. 11, 2012). This court has summarized as succinctly as practicable the petitioner's legal history as pertains to this case as follows:
In January of 2001, Petitioner pled guilty in Madison County Circuit Court to one count of felony escape, one count of especially aggravated kidnapping, one count of aggravated robbery, and two counts of aggravated assault. The underlying facts that led to the convictions arose when Petitioner became ill and was transported from the Hardeman County Correctional Facility to a hospital in Jackson, Tennessee. Petitioner was eventually admitted to the hospital for further treatment. Two days later, he overpowered a guard, took the officer's weapon, and pointed it at the guard's head. Petitioner ultimately escaped from the hospital with a hostage in a stolen car. He was recaptured and returned to prison. As a result of the plea agreement, Petitioner received a sentence of six years for the felony escape conviction, twenty-five years for the especially aggravated kidnapping conviction, twenty-five years for the aggravated robbery conviction, and fifteen years for each aggravated assault conviction. The sentences were ordered to be served concurrently with each other and with a federal sentence as well as a sentence in a separate Madison County case. The sentences were ordered to be served consecutively to sentences for several prior convictions from Shelby County.
In September of 2001, Petitioner filed his first petition for writ of habeas corpus. The petition was filed in the Morgan County Criminal Court and alleged that the Department of Correction violated the terms of Petitioner's plea agreement by refusing to run his sentences concurrently with his federal sentence. The trial court treated the petition as a petition for writ of certiorari and transferred the matter to the Madison County Circuit Court. The petition was dismissed for failing to state a colorable claim for post-conviction relief. See Mike Settle v. State, No. W2003-01261-CCA-R3-PC, [slip op. at 2] (Tenn. Crim. App., at Jackson, Jul. 23, 2004).
Petitioner has also sought habeas corpus relief in federal district court. At least two petitions have been dismissed as untimely. See Mike Settle v. Ricky Bell, Warden, No. 3:09-0560 (M.D. Tenn., Nov. 10, 2009); Mike Settle v. Ricky J. Bell, No. 06-1092 (W.D. Tenn. Sept. 4, 2009). Petitioner has also filed for relief in the form of extradition in the Eastern District of Tennessee. In that case, the court treated the petition as a petition for writ of habeas corpus and dismissed it. See Mike Settle v. David R. Osborne, Warden, No. 3:11-cv-00127.
Petitioner filed a second petition for writ of habeas corpus in Davidson County. The petition was dismissed for failure to pay court costs at the time of filing. Petitioner appealed. On appeal, this Court upheld the dismissal and affirmed. Mike Settle v. State, No. M2004-00411-CCA-R3-HC, [slip op. at 1] (Tenn. Crim. App., at Nashville, Nov. 7, 2005), perm. app. denied, (Tenn. Mar. 27, 2006).
Then, Petitioner filed another petition for writ of habeas corpus in the Morgan County Criminal Court. This petition was also dismissed. This Court affirmed the dismissal on appeal. See Mike Settle v. State, No. E2010-00945-CCA-R3-HC, [slip op. at 2-3] (Tenn. Crim. App., at Knoxville, Dec. 17, 2010), perm. app. denied, (Tenn. Mar. 9, 2011).
On January 10, 2011, Petitioner filed the petition for writ of habeas corpus applicable herein. The State filed a motion to dismiss. Petitioner opposed the motion. The habeas corpus court dismissed the petition without a hearing on February 14, 2011. Petitioner filed a notice of appeal on April 1, 2011. The certificate of service on the final order indicates that copies were not mailed by the Circuit Court Clerk until April 1, 2011.
Mike Settle v. David Osborne, Warden, No. E2011-00766-CCA-R3-HC, slip op. at 1-3 (Tenn. Crim. App., Knoxville, Feb. 3, 2012), perm. app. denied (Tenn. Apr. 11, 2012) (internal footnote omitted). This ...