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State v. Beasley

Court of Criminal Appeals of Tennessee, Knoxville

June 26, 2017

STATE OF TENNESSEE
v.
STEPHAN LAJUAN BEASLEY, SR.

         Appeal from the Criminal Court for Hamilton County No. 199784 Don W. Poole, Judge

         The pro se appellant, Stephan Lajuan Beasley, Sr., appeals as of right from the Hamilton County Criminal Court's order denying his motion for correction of illegal sentence. Tenn. R. Crim. P. 36.1. The State has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State's motion is well-taken and affirm the judgment of the Hamilton County Criminal Court.

         Tenn. R. App. P. 3; Judgment of the Criminal Court Affirmed Pursuant to Rule 20, Rules of the Court of Criminal Appeals.

          Stephan Lajuan Beasley, Sr., Only, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Neal Pinkston, District Attorney General, for the appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the Court, in which James Curwood Witt, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          MEMORANDUM OPINION

          NORMA MCGEE OGLE, JUDGE

         This court has detailed previously most of the procedural history of the appellant's challenges to his 1994 first degree murder conviction:

In 1994, a Hamilton County Criminal Court Jury convicted the petitioner of first degree premeditated murder and sentenced him to life imprisonment without the possibility of parole. The petitioner appealed his conviction, arguing that the State failed to prove premeditation and deliberation, and this court affirmed his conviction and sentence. See State v. Stephen Lajaun Beasley, No. 03C01-9509-CR-00268, 1996 WL 591203, at *1 (Tenn. Crim. App., at Knoxville, Oct. 10, 1996).
Thereafter, the petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and, on appeal, this court affirmed the judgment of the post-conviction court. See Stephen Lajuan Beasley v. State, No. E2000-01336-CCA-R3-PC, 2001 WL 387385, at *1 (Tenn. Crim. App., at Knoxville, Apr. 17, 2001).
In 2004, the petitioner filed a petition for a writ of habeas corpus, "alleging that the indictment was defective; that the state improperly amended the indictment during trial; that there was a fatal variance between the indictment and the proof at trial; and that the sentence was illegal because the jury was permitted to consider improper evidence during the sentencing phase." Stephen Lajuan Beasley v. State, No. E2005-00367-CCA-MR3-HC, 2005 WL 3533265, at *1 (Tenn. Crim. App. at Knoxville, Dec. 27, 2005). The habeas corpus court summarily dismissed the petition, the petitioner appealed, and this court affirmed the judgment of the habeas corpus court. Id.
In August 2011, the petitioner filed a second petition for a writ of habeas corpus, arguing that "the trial court 'had no jurisdiction to instruct trial jury and argue murder in perpetration of felony reckless' [and that] he 'was not indicted nor charged with the offense of Burglary or theft, nor did Petitioner plea[d] guilty [to] such offenses.'" Stephen L. Beasley v. State, No. W2011-01956-CCA-R3-HC, 2012 WL 2384051, at *3 (Tenn. Crim. App., at Jackson, June 25, 2012). The habeas corpus court summarily dismissed the petition, the petitioner appealed, and this court affirmed the judgment of the habeas corpus court.

Stephan L. Beasley, Sr. v. State, No. E2012-02208-CCA-R3-HC, slip op. at 1 (Tenn. Crim. App., at Knoxville, Oct.15, 2013) (affirming third denial of habeas corpus relief).

         Subsequently, the appellant filed a petition for writ of error coram nobis in the Hamilton County Criminal Court. This court affirmed the trial court's denial of relief. Stephan Lajuan Beasley, Sr. v. State, No. E2013-00695-CCA-R3-CO (Tenn. Crim. App., at Knoxville, June 1, 2014). The appellant also sought an appeal from the denial of a writ of certiorari, which was dismissed by this court. Stephan L. Beasley, Sr. v. State, No. E2014-00698-CCA-R3-CO, Order (Tenn. Crim. App., at Knoxville, Nov. 19, 2014). Most recently, this court denied the appellant's petition for writ ...


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