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.

Dodson v. Leibach

Court of Criminal Appeals of Tennessee, Nashville

July 19, 2017

ANTHONY DODSON
v.
BLAIR LEIBACH, WARDEN

          Assigned on Briefs January 10, 2017

         Appeal from the Circuit Court for Trousdale County No. 2016-CV-4540 John D. Wootten, Jr., Judge

         Petitioner, Anthony Dodson, appeals from the trial court's summary dismissal of his pro se petition for writ of habeas corpus in which he alleged that his conviction for attempted first degree murder is illegal. After a thorough review, we affirm the judgment of the trial court.

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

          Anthony Dodson, Hartsville, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; and Tom P. Thompson, Jr., District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Robert W. Wedemeyer and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE.

         Background

         Petitioner was convicted by a Shelby County jury of attempted first degree murder, a Class A felony, and sentenced to twenty-five years as a Range I standard offender. On appeal this court affirmed the conviction and sentence. State v. Anthony Dodson, No. W2009-02568-CCA-R3-CD, 2011 WL 2176581 (Tenn. Crim. App. June 2, 2011). Petitioner filed a petition for post-conviction relief. Anthony Dodson v. State, No. W2012-00567-CCA-R3-PC, 2013 WL 1187938 (Tenn. Crim. App. Mar. 21, 2013). After a hearing, the trial court dismissed the petition, and this court affirmed the dismissal. Id.

         On July 13, 2016, Petitioner filed a petition for writ of habeas corpus alleging that count two of his indictment, charging him with theft, was dismissed upon motion of the State. Count one charged attempted first degree murder, and he was convicted by a jury. Petitioner alleged that the trial court lost jurisdiction in count one when that charge was not resubmitted to the grand jury after count two was dismissed. The habeas corpus court summarily dismissed the petition without a hearing. In its order the court stated:

The Petitioner's chief complaint is that the State requested that count two of the indictment alleging a theft in the original case divested the trial court of its jurisdiction. The petitioner argues that the indictment should have been re-submitted to the Grand Jury. The petitioner cites no authority for his position.
The State may terminate a prosecution by filing a dismissal of an indictment or a portion thereof. This dismissal may only be with the court's permission. See Rule 48, Tenn. R. Crim. P. In essence, the petitioner originally faced a trial on two counts. He was convicted of [attempted] first-degree murder. The State dismissed the second count alleging theft prior to trial. Obviously this dismissal inured to his benefit inasmuch as the petitioner did not have to defend that charge nor, if convicted, was he subjected to additional punishment. A dismissal of one count of an indictment does not render a judgment on another valid ...

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.