Assigned on Briefs November 7, 2017
from the Criminal Court for Shelby County No. 04-02523 Glenn
Ivy Wright, Judge.
Petitioner, Latisha Jones, appeals the Shelby County Criminal
Court's denial of her petition for a writ of habeas
corpus, wherein she sought relief from her convictions for
first degree felony murder and especially aggravated robbery.
In this appeal as of right, the Petitioner alleges that her
convictions are void because she was illegally extradited
from Mississippi to Tennessee, depriving the trial court of
lawful jurisdiction. Discerning no error, we affirm the
judgment of the habeas corpus court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
A. Timmerman, Memphis, Tennessee, for the appellant, Latisha
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; Amy P. Weirich, District Attorney
General; and Austin B. Scofield, Assistant District Attorney
General, for the appellee, State of Tennessee.
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Robert L. Holloway, Jr.,
KELLY THOMAS, JR., JUDGE.
28, 2003, the Petitioner and three other individuals-James
Thacker, Delshaun Epps, and Kymetra Gates-were involved in
robbing the victim, Gregory Smith, at his Memphis home. The
Petitioner, as the one who knew the victim, arranged a
meeting on the night of the offense. See State v. Latisha
Jones, No. W2005-02673-CCA-R3-CD, 2007 WL 241023, at *4
(Tenn. Crim. App. Jan. 25, 2007), perm. app. denied
(Tenn. June 25, 2007). As co-defendants Thacker and Epps
struggled with the victim, the Petitioner struck the victim
over the head with a beer bottle. Id. She then
retrieved a hammer from the floor and struck the victim over
both kneecaps. Id. The Petitioner observed both
co-defendants Gates and Epps remove certain of the
victim's possessions from the house. Id. The
Petitioner took some beers and left the victim's house
with the others. Id. Additionally, the Petitioner
had previously told a neighbor that evening that the group
intended to rob the victim. Id. at *1.
August 2003, the Memphis Police Department ("MPD")
located the Petitioner in Greenville, Mississippi, so they
requested the Greenville Police Department's
("GPD") assistance with arresting the Petitioner.
After her arrest, the Petitioner signed a Waiver of
Extradition form on September 8, 2003, which noted the charge
as "first degree murder in the perpetration of a felony
to wit: aggravated robbery 39-13-202." She was
extradited to Tennessee.
Shelby County grand jury indicted the Petitioner on March 23,
2004, for first degree felony murder during the perpetration
of a robbery and especially aggravated robbery. See
Tenn. Code Ann. §§ 39-11-403, -13-202. In the same
indictment, co-defendant Gates was charged with facilitation
of a felony, to wit: robbery. See Tenn. Code Ann.
§ 39-11-403. Later, a superseding indictment was filed;
the only apparent change being to add an alias of one of the
Shelby County jury convicted the Petitioner in November 2005
as charged. The Petitioner was sentenced to concurrent terms
of life imprisonment for her felony murder conviction and
twenty-three years for her especially aggravated robbery
conviction. See State v. Latisha Jones, No.
W2005-02673-CCA-R3-CD, 2007 WL 241023, at *1 (Tenn. Crim.
App. Jan. 25, 2007), perm. app. denied (Tenn. June
25, 2007). On direct appeal, this court affirmed the
Petitioner's judgments. See Jones, 2007 WL
241023, at *1. Additionally, the Petitioner's subsequent
pursuit of post-conviction relief was unsuccessful. See
Latisha Jones v. State, No. W2009-02057-CCA-R3-PC, 2010
WL 5276886, at *1-3 (Tenn. Crim. App. Dec. 17, 2010),
perm. app. denied (Tenn. Apr. 13, 2011).
28, 2015, the Petitioner, pro se, filed the instant petition
seeking a writ of habeas corpus. After counsel was appointed,
an amended petition was filed. In the amended petition, the
Petitioner argued that the trial court was without
jurisdiction to convict or sentence her because she was
transported to Tennessee in violation of the Criminal
Extradition Act and because she unknowingly and involuntarily
signed a waiver of extradition without the advice of counsel.
The Petitioner acknowledged that challenges to the
extradition process normally must be raised prior to trial to
avoid waiver of personal jurisdiction but prayed for relief
because her presence was acquired by "government conduct
of a most shocking and outrageous character" in
violation of her right to due process of law. The Petitioner
pointed to the following facts as supporting her request for
relief: The paperwork sent to the GPD by the MPD consisted of
a memo requesting the GPD's help in apprehending the
Petitioner, an ...