Court of Criminal Appeals of Tennessee, Knoxville
MARCUS T. JOHNSON
DARREN SETTLES, WARDEN
Assigned on Briefs March 28, 2018
from the Criminal Court for Knox County No. 111073 Steven
Wayne Sword, Judge
T. Johnson, the Petitioner, filed a Petition for Writ of
Habeas Corpus ("the Petition") claiming that he was
being illegally restrained of his liberty because the
Tennessee Board of Probation and Parole ("the Parole
Board") violated his due process rights by failing to
timely serve him with a parole violation warrant and failing
to conduct a preliminary hearing within fourteen days of the
service of the warrant. The State moved to dismiss the
Petition for failure to state a cognizable claim. The habeas
corpus court granted the State's motion and summarily
dismissed the Petition. We affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
T. Johnson, Pikeville, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; and Charme
Allen, District Attorney General, for the appellee, State of
L. Holloway, Jr., J., delivered the opinion of the court, in
which John Everett Williams and J. Ross Dyer, JJ., joined.
L. HOLLOWAY, JR., JUDGE.
and Factual Background
glean the following history from the direct appeal following
the revocation of the Petitioner's probation. The
Petitioner pleaded guilty to the sale of cocaine and agreed
to a ten-year suspended sentence. State v. Marcus Terrell
Johnson, No. E2012-00015-CCA-R3-CD, 2012 WL 3651129, at
*1 (Tenn. Crim. App. Aug. 27, 2012), perm app.
denied (Tenn. Nov. 27, 2012). Approximately one month
after the judgment of conviction was entered, the State
obtained a probation revocation warrant. Id.
Following a revocation hearing, the Petitioner's
probation was fully revoked, and the Petitioner was ordered
to serve his sentence in the Department of Correction.
Id. On appeal, this court affirmed the revocation.
Petitioner has filed numerous pleadings seeking relief,
including two post-conviction petitions which were dismissed
by the trial court and appealed to this court. See Marcus
Johnson v. State, No. E2013-01464-CCA-R3-PC, 2014 WL
1118018, at *1 (Tenn. Crim. App. Mar. 20, 2014) (affirming
the summary dismissal of the Petitioner's untimely
petition for post-conviction relief), perm. app.
denied (Tenn. June 24, 2014); Marcus Johnson v.
State, No. E2016-00758-CCA-R3-PC, 2017 WL 2772691, at *1
(Tenn. Crim. App. June 26, 2017) (affirming under Rule 20 the
trial court's summary dismissal of the Petitioner's
second petition for post-conviction relief), perm. app.
denied (Tenn. Sept. 20, 2017). The Petitioner has also
filed four Tennessee Rule of Criminal Procedure 36.1 motions,
two of which were appealed. In both appeals, this court
affirmed the summary dismissal of the Petitioner's motion
for failure to state a colorable claim. See State v.
Marcus T. Johnson, No. E2016-00004-CCA-R3-CD, 2016 WL
3912565 (Tenn. Crim. App. July 13, 2016), perm. app.
denied (Tenn. Oct. 19, 2016); Marcus T. Johnson v.
State, No. E2016-00642-CCA-R3-CD, 2016 WL 6581354 (Tenn.
Crim. App. Nov. 7, 2016), no perm. app. filed.
26, 2017, the Petitioner filed the Petition, claiming that
"the court was without jurisdiction to sentence and[/]or
reincar[c]erate" him and that "the judgments are
void." In the alternative, the Petitioner claimed that
the Parole Board "had no [j]urisdiction to sentence or
reincar[c]erate" him. Concerning the revocation of his
parole, the Petitioner claimed that he was denied due process
because he was detained for one and a half months before he
was served with a notice of parole violation. The State moved
to dismiss the Petition for failure to state a cognizable
ground. The habeas corpus court found the State's motion
well-taken and dismissed the Petition. The Petitioner timely
appeal, the Petitioner raises two issues: (1) whether the
habeas corpus court erred in summarily dismissing the
Petition, and (2) whether the revocation of his parole
violated due process under the federal and state
constitutions. The State argues that the ...