Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hearing v. Lindamood

Court of Criminal Appeals of Tennessee, Nashville

June 6, 2017

DAVID HEARING
v.
CHERRY LINDAMOOD, WARDEN

          Assigned on Briefs May 10, 2017

         Appeal from the Circuit Court for Wayne County No. 15894 Robert L. Jones, Judge

         The Petitioner, David Hearing, filed a petition for a writ of habeas corpus, alleging that his concurrent sentences of life for his two convictions of felony murder were illegal and void. The habeas corpus court dismissed the petition upon finding that the issue had been raised and addressed in prior pleadings. On appeal, the Petitioner challenges the habeas corpus court's ruling. Upon review, we affirm the judgment of the habeas corpus court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          David Wayne Hearing, Clifton, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; and Brent A. Cooper, District Attorney General, for the Appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         In 2005, the Petitioner pled guilty to the first degree felony murders of Ance "Pete" Pratt and his wife, Rebecca Pratt during the aggravated burglary of the Pratts' home. See David Hearing v. State, No. E2009-02430-CCA-R3-PC, 2010 WL 3837535, at *1 (Tenn. Crim. App. at Knoxville, Oct. 4, 2010). The Petitioner's plea agreement provided that he would receive concurrent sentences of "life with [the] possibility of parole." At the guilty plea hearing, the trial court explained that the Petitioner would have to serve "at least a fifty-one year . . . term of imprisonment before [he could] be considered for parole[.]" The Petitioner said that he understood the terms and accepted the plea agreement.

         Since his guilty pleas, the Petitioner has pursued numerous avenues of relief. First, he filed a motion to withdraw his pleas, which the trial court denied, and this court affirmed the denial on appeal. See David Wayne Hearing v. State, No. E2007-00778-CCA-R3-PC, 2008 WL 481781, at *1 (Tenn. Crim. App. at Knoxville, Feb. 22, 2008); David Wayne Hearing v. State, No. E2006-00362-CCA-R3-PC, 2006 WL 3813625, at *1 (Tenn. Crim. App. at Knoxville, Dec. 28, 2006). Next, the Petitioner pursued post-conviction relief, arguing in part that his trial counsel was ineffective by misrepresenting the terms of the sentences; the post-conviction court denied the petition, and this court affirmed the denial on appeal. Hearing, 2010 WL 3837535, at *1. Subsequently, the Petitioner filed a petition for habeas corpus relief, alleging that the judgments of conviction were void because each judgment provided that the Petitioner had a life sentence but also provided that the sentence was fifty-one years. David Hearing v. David Mills, Warden, No. W2011-01226-CCA-R3-PC, 2012 WL 12931580, at *1 (Tenn. Crim. App. at Jackson, Feb. 28, 2012). The habeas corpus court held that the Petitioner's sentences were not illegal and void and denied the petition, and this court affirmed the decision on appeal. Id.

         Thereafter, the Petitioner filed an untimely petition for a writ of error coram nobis, see David Hearing v. State, No. E2013-00640-CCA-R3-ECN, 2014 WL 2547780, at *1 (Tenn. Crim. App. at Knoxville, June 3, 2014), followed by two successive petitions to correct his "illegal sentence[s]" pursuant to Tennessee Rule of Criminal Procedure 36.1, see State v. David Wayne Hearing, No. E2015-00173-CCA-R3-CD, 2015 WL 4710393, at *1 (Tenn. Crim. App. at Knoxville, Aug. 7, 2015), perm. to appeal denied, (Tenn., Dec. 10, 2015); State v. David Wayne Hearing, No. E2014-01908-CCA-R3-CD, 2015 WL 2128600, at *1 (Tenn. Crim. App. at Knoxville, May 6, 2015), perm. to appeal denied, (Tenn., Oct. 16, 2015) (designated not for citation). In each petition to correct the sentences, the Petitioner contended that his sentences were illegal because he negotiated sentences of life with the possibility of parole but his judgments of conviction reflected that he received sentences of life. The trial court held that the Petitioner's life sentences were not void and illegal, and this court upheld the trial court's rulings. Hearing, 2015 WL 2128600, at *3.

         Afterwards, the Petitioner filed the instant petition for a writ of habeas corpus, in which he again challenged his sentences. The Petitioner argued that the trial court did not have the authority to sentence him to life with the possibility of parole for his felony murder convictions; therefore, his judgments were void. The Petitioner further argued that the sentences of life with the possibility of parole were material elements of his guilty pleas and that he was therefore entitled to relief. The State filed a motion to dismiss the petition, contending that the Petitioner's sentences were not illegal and void. The habeas corpus court granted the State's motion, finding that "the Petitioner's two concurrent life sentences are not illegal as previously determined by two courts of competent jurisdiction and as reflected in the judgments[.]" On appeal, the Petitioner challenges the habeas corpus court's ruling.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.