Court of Criminal Appeals of Tennessee, Knoxville
COURTNEY R. LOGAN
SHAWN PHILLIPS, WARDEN
Assigned on Briefs February 23, 2017
from the Circuit Court for Morgan County No. 2015-CR-16
Jeffrey H. Wicks, Judge
Petitioner, Courtney R. Logan, appeals as of right from the
Morgan County Circuit Court's dismissal of his petition
for writ of habeas corpus. The Petitioner challenges his
long-ago extradition to the state of Mississippi. Discerning
no error, we affirm the judgment of the habeas corpus court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Nelson, District Public Defender; and Walter B. Johnson II,
and Harold D. Balcom, Jr., Assistant District Public
Defenders, for the appellant, Courtney R. Logan.
Herbert H. Slatery III, Attorney General and Reporter; John
H. Bledsoe, Deputy Attorney General; Russell Johnson,
District Attorney General; and Robert C. Edwards, Assistant
District Attorney General, for the appellee, State of
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Robert H. Montgomery, Jr.,
KELLY THOMAS, JR., JUDGE.
25, 2009, the Petitioner assisted his cousin, Joseph L.
Jackson, in escaping from correctional officers of the
Mississippi Department of Correction. Logan v.
State, 192 So.3d 1012, 1015 (Miss. Ct. App. 2015) (en
banc). The two men then fled to Tennessee where Mr. Jackson
shot Metropolitan Nashville Police Department Sergeant Mark
Chestnut during a traffic stop. State v. Cortney R.
Logan, No. M2014-01687-CCA-R3-CD, 2015 WL 5883187, at
*1-3 (Tenn. Crim. App. Oct. 8, 2015), perm. app.
denied (Tenn. Feb. 18, 2016). The Petitioner and Mr.
Jackson were subsequently arrested in Tennessee for the
shooting of Sgt. Chestnut. Id. at *3. The Petitioner
was tried and convicted of attempted first degree murder and
employment of a firearm during the flight or escape from the
attempt to commit a dangerous felony and received a total
effective sentence of thirty-one years' incarceration.
Id. at *1.
Petitioner was extradited to Mississippi where he was
convicted of five counts of kidnapping, one count of aiding
an escape, and one count of being a felon in possession of a
firearm arising from Mr. Jackson's escape.
Logan, 192 So.3d at 1015. The Petitioner was deemed
a habitual offender and received seven consecutive life
sentences without the possibility of parole. Id. The
Petitioner is currently in the custody of the Mississippi
Department of Correction.
March 2, 2015, the Petitioner filed petitions styled
"Request for Pre-Habeas Corpus Challenge" in the
Criminal and Circuit Courts of Davidson County that sought to
challenge his extradition to Mississippi. Courtney R.
Logan v. State, No. M2015-00725-CCA-R3-HC, 2016 WL
716818, at *1 (Tenn. Crim. App. Feb. 23, 2016). The petitions
were consolidated and summarily dismissed by the Davidson
County Criminal Court. Id. A panel of this court
affirmed the summary dismissal of the petitions, holding that
the Petitioner's attempt to challenge his extradition was
moot as it was filed "long after he was extradited to
Mississippi and tried and convicted of the crimes for which
he was extradited." Id. at *3. The panel
continued, noting that the Petitioner "was no longer in
the custody of the State of Tennessee, and there was no
available relief for the [habeas corpus] court to provide to
the [P]etitioner, even if it was shown that his extradition
was improper." Id.
March 9, 2015, the Petitioner filed the instant petition in
the Morgan County Circuit Court. The petition was nearly
identical to the Davidson County petitions and sought to
challenge his extradition to Mississippi. Counsel was
appointed to represent the Petitioner, and a hearing was held
in the habeas corpus court. At the hearing and in their brief
on appeal, defense counsel essentially conceded the issue in
light of this court's opinion regarding the Davidson
County petitions. The habeas corpus court issued a written
order dismissing the petition on June 29, 2016. This appeal
Code Annotated section 40-9-119 provides that a person who is
to be extradited to another state may apply for a writ of
habeas corpus prior to the extradition. However,
once a person has been returned to the demanding state, any
challenge to his extradition in this state's courts will
be considered moot. Percy Cooksey v. State, No.
02C01-9507-CR-00186, 1996 WL 39361, at *1-2 (Tenn. Crim. App.
Jan. 31, 1996); see also Barton v. Norrod, 106 F.3d
1289, 1298 (6th Cir. 1997) (stating that "[o]nce the
fugitive is returned to the demanding state, the right to
challenge extradition becomes moot: the fugitive is no longer
being detained by the asylum state, and so, the legality of
his or her detention there is no longer at issue").
Accordingly, we conclude that the habeas corpus court did not
err in dismissing the petition for mootness.
consideration of the foregoing and the record as a whole, the
judgment of ...