Assigned on Briefs November 7, 2017
from the Circuit Court for Hardeman County No. 17-CR-29 Joe
H. Walker, III, Judge
Alan Walls, the Petitioner, filed a pro se Petition for Writ
of Habeas Corpus, stating as his ground for relief that he
was "presently restrained of his liberty by virtue of an
illegal, void, and/or expired criminal
conviction/sentence[.]" The Petitioner claimed that he
was entitled to receive the pretrial jail credit for the time
he was incarcerated in Loudon County after a hold was placed
on him by the Jefferson County Sheriff's Department on
October 25, 2010. Therefore his sentence, after applying
sentence reduction credits, expired on or about December 29,
2016. The habeas corpus court found that "the petition
demonstrates no right to relief" and summarily dismissed
the petition. We affirm the dismissal of the petition but
remand the cause to the habeas corpus court for transfer to
the Circuit Court for Jefferson County for correction of the
judgments to provide the pretrial jail credit to which the
Petitioner is entitled.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed and Remanded
Christopher Alan Walls, Whiteville, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter;
Benjamin A. Ball, Senior Counsel; and Mark E. Davidson,
District Attorney General, for the appellee, State of
L. Holloway, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ.,
L. HOLLOWAY, JR., JUDGE.
2010, the Petitioner was involved in a crime spree across
four East Tennessee counties. On October 25, 2010, while the
Petitioner was incarcerated in Loudon County, the Jefferson
County Sheriff's Department (JCSD) placed a hold on the
Petitioner, stating that there was an outstanding capias for
the Petitioner and asking that JCSD be notified "when
[the Loudon County] charges have been fully satisfied so that
transportation might be arranged[.]"
7, 2011, the Petitioner pleaded guilty in Loudon County
Criminal Court to theft of property valued at $10, 000 or
more but less than $60, 000 and was sentenced to three
years' incarceration. The judgment shows an offense date
of July 6, 2010, and credit for "all jail time."
October 6, 2011, the Petitioner pleaded guilty in Anderson
County Criminal Court and was sentenced to three years to
serve. The sentence was ordered to be served concurrently
with the sentence from Loudon County and unspecified
sentences out of Knox County and Jefferson County. The
judgment shows an offense date of July 24, 2010, and provides
credit for time served from July 7, 2011.
Petitioner was indicted in a nine-count indictment by the
Jefferson County Grand Jury in Case Number 11462, and on
December 3, 2013, he pleaded guilty to eight of the
counts. As a result of his guilty plea in
Jefferson County, the Petitioner received an effective
eight-year sentence to be served in the Department of
Correction as a standard offender to run consecutively to
"any parole sentence violation."
January 18, 2017, while housed in the Hardeman County
Correctional Facility, the Petitioner filed a Petition for
Writ of Habeas Corpus in the Circuit Court of Hardeman
County, claiming that he "is presently restrained of his
liberty by virtue of an illegal, void, and/or expired
criminal conviction/sentence" in Jefferson County Case
Number 11462. The Petitioner claimed that he was not
"credited with any ...