Assigned on Briefs September 7, 2017
from the Circuit Court for Lake County No. 17-CR-10314 R. Lee
Moore, Jr., Judge
Dewayne Wallace, Petitioner, filed a petition for writ of
habeas corpus claiming that he was being illegally detained
because his fifteen-year sentence for attempted first degree
murder, which was ordered to be served consecutively to his
life sentence for felony murder, has expired. The habeas
corpus court summarily dismissed the petition. We affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Dewayne Wallace, Tiptonville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; Andrew
C. Coulam, Assistant Attorney General; C. Phillip Bivens,
District Attorney General, for the appellee, State of
T. Woodall, P.J., delivered the opinion of the court, in
which John Everett Williams and Norma McGee Ogle, JJ.,
T. WOODALL, PRESIDING JUDGE
a jury trial in 1995, Petitioner was convicted of murder in
the perpetration of a felony ("felony murder") and
attempt to commit first degree murder. Petitioner was
sentenced to life imprisonment for felony murder and to a
consecutive sentence of fifteen years as a Range I, standard
offender for attempted first degree murder. Both judgments
provided pretrial jail credit of 1, 174 days. This court
affirmed Petitioner's convictions and sentences. See
State v. Eric D. Wallace, No. 02-C-01-9604-CR-00125,
1997 WL 421011, at * 1 (Tenn. Crim. App. July 28, 1997),
perm. app. denied (Tenn. Apr. 6, 1998).
Petitioner has filed numerous pleadings since his
convictions, all of which have been denied and dismissed.
See Eric Wallace v. State, No.
W2000-02854-CCA-R3-CD, 2002 WL 1483204, at *7 (Tenn. Crim.
App. Feb. 19, 2002) (post-conviction relief denied after
hearing), perm. app. denied (Tenn. Sept. 9, 2002);
Eric D. Wallace v. James M. Dukes, Warden, No.
W2002-00882-CCA-R3-CO, 2002 WL 31895727, at *2 (Tenn. Crim.
App. Dec. 31, 2002) (first petition for habeas corpus
relief), perm. app. denied (Tenn. Mar. 10, 2003);
Eric D. Wallace v. Stephen Dotson. Warden, No.
W2006-00908-CCA-R3-HC, 2007 WL 852173, at *2 (Tenn. Crim.
App. Mar. 22, 2007) (second petition for habeas corpus
relief), perm. app. denied (Tenn. Aug. 13, 2007);
Eric Dewayne Wallace v. State. No.
W2008-00867-CCA-R3-PC, 2009 WL 321294, at *2 (Tenn. Crim.
App. Feb. 6, 2009) (petition to reopen his post-conviction
proceedings); Eric D. Wallace v. Stephen Dotson,
Warden, No. W2010-01784-CCA-R3-HC, 2011 WL 2120103, at
*11 (Tenn. Crim. App. May 17, 2011) (third petition for
habeas corpus relief), no perm. app. filed; Eric D.
Wallace v. Avril Chapman, Warden, No.
M2012-00749-CCA-R3-HC, 2012 WL 5543055, at *1 (Tenn. Crim.
App. Nov. 9, 2012) (fourth petition for habeas corpus
relief), perm. app. denied (Tenn. Mar. 5, 2013);
Eric Dewayne Wallace v. State, No.
W2013-02761-CCA-R3-PC, 2014 WL 6634436, at *1 (Tenn. Crim.
App. Nov. 24, 2014) (second post-conviction relief petition),
no perm. app. filed; State v. Eric D. Wallace, No.
W2016-00907-CCA-R3-CD, 2017 WL 429573, at *1 (Tenn. Crim.
App. Jan. 31, 2017) (Rule 36.1 motion), no perm. app.
petition sub judice, his fifth seeking habeas corpus relief,
Petitioner claims his fifteen-year sentence for attempted
first degree murder has expired because he is entitled to
jail credit for 1, 174 days. He therefore claims "he is
being illegally and unlawfully restrained of his
freedom." He also claims that the Department of
Correction is improperly crediting the 1, 174 days only to
the life sentence.
habeas corpus court found that "[t]he judgment [for
attempted first degree murder] is not void nor has the
sentence expired" and summarily dismissed the petition.
Concerning the jail credits, the habeas corpus court found
that "[a]ny type of relief on this issue must be
obtained through administrative means or by a lawsuit filed
in the Chancery Court for Davidson County against the
Tennessee Department of Correction"
("TDOC"). From the summary dismissal, Petitioner
corpus relief may only be granted in limited circumstances.
Edwards v. State, 269 S.W.3d 915, 920 (Tenn. 2008).
"Habeas corpus relief is available in Tennessee only
when 'it appears upon the face of the judgment or the
record of the proceedings upon which the judgment is
rendered' that a convicting court was without
jurisdiction or authority to sentence a defendant, or that a
defendant's sentence of imprisonment or other restraint
has expired." Archer v. State, 851 S.W.2d 157,
164 (Tenn. 1993) (quoting State v. Galloway, 45
Tenn. (5 Cold.) 362, 336-37 ...