Assigned on Briefs May 5, 2015
Appeal from the Circuit Court for Lauderdale County No. 6799 Joseph H. Walker, III, Judge
Earl David Crawford, Henning, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Mike Dunavant, District Attorney General, for the appellee, State of Tennessee.
Robert W. Wedemeyer, J., delivered the opinion of the court, in which Norma McGee Ogle and Roger A. Page, JJ., joined.
ROBERT W. WEDEMEYER, JUDGE
I. Facts and Procedural History
This case arises from the Petitioner's convictions for aggravated rape, aggravated kidnapping, and armed robbery. The facts presented at trial were summarized on direct appeal as follows:
[O]n April 16, 1986, at 11:15 p.m. the female victim of these crimes was accosted at gun point and driven away in her car from the location where she worked. She was taken to a remote location and raped by the man who kidnapped her. The woman was then forced into the trunk of her car and returned to the place where she had been abducted.
The victim in this case identified the [Petitioner] as the perpetrator of these crimes.
The woman was rescued from the trunk about three hours after being locked therein. Subsequently, she discovered her purse and some cassette tapes had been taken from the interior of the car.
Approximately two hours after this crime, the [Petitioner] was arrested in Marion County. He was in possession of a stolen vehicle which contained the victim's purse and the cassette tapes.
Crawford, 1987 WL 19611, at *1. The Petitioner was sentenced to life imprisonment for each of the aggravated rape and aggravated kidnapping convictions and to thirty-five years on the armed robbery conviction. Id. On appeal, this Court affirmed the trial court's judgments. Id. at *2.
In 2004, the Petitioner filed a petition for a writ of habeas corpus, in which he alleged that his convictions and sentences were void because the 1982 Criminal Sentencing Reform Act was unconstitutional and thus the trial court had no authority to sentence him. Crawford, 2005 WL 354106, at *1. The habeas corpus court dismissed his petition. Id. This Court affirmed the judgment on appeal, concluding that ...