United States District Court, M.D. Tennessee, Nashville Division
WAVERLY D. CRENSHAW, JR., UNITED STATES DISTRICT JUDGE.
proceeding pro se, is an inmate at the Women's
Therapeutic Reception Center in Henning, Tennessee. She
brings this action pursuant to 28 U.S.C. § 2254 against
Trinity Minter, Warden of the Mark Luttrell Correctional
Center, seeking a writ of habeas corpus.
September 16, 2008, a jury in Rutherford County found the
Petitioner guilty of first degree murder. (Doc. No. 22-2 at
23-25). For this crime, she received a sentence of life
imprisonment with the possibility of parole. (Id. at
direct appeal, the Tennessee Court of Criminal Appeals
affirmed the conviction. (Doc. No. 22-18). The Tennessee
Supreme Court later denied Petitioner's application for
further review. (Id. at 1).
November, 2012, the Petitioner filed a pro se
Petition for post-conviction relief in the Circuit Court of
Rutherford County. (Doc. No. 22-19 at 3-25). Following the
appointment of counsel and an evidentiary hearing, the trial
court denied the post-conviction Petition. (Id. at
appeal, the Tennessee Court of Criminal Appeals affirmed the
denial of post-conviction relief. (Doc. No. 1 at 40-57). Once
again, the Tennessee Supreme Court rejected the
Petitioner's application for additional review.
(Id. at 38).
April 18, 2016, the Petitioner filed the instant Petition
(Doc. No. 1) for federal habeas corpus relief. The Petition
contains four claims for relief. These claims include:
1) the ineffectiveness of trial counsel;
2) the ineffective assistance of appellate counsel;
3) whether the jury could find the Petitioner guilty under
the applicable statute; and
4) whether the trial judge had the statutory authority to
“approve or disapprove the jury verdict pronounced
its receipt, the Court conducted a preliminary review of the
Petition and determined that the Petitioner had stated a
colorable claim for relief. Accordingly, an order (Doc. No.
6) was entered directing the Respondent to file an answer,