Assigned on Briefs March 13, 2018
from the Criminal Court for Shelby County Nos. 98-02267,
98-02268, 98-02270 James M. Lammey, Judge
se Petitioner, Matthew Dixon, appeals the summary dismissal
of his petition for writ of habeas corpus and post-conviction
DNA analysis. Following our review, we affirm the summary
dismissal of the petition.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Matthew Dixon, Clifton, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; and
Katherine C. Redding, Assistant Attorney General, for the
appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
James Curwood Witt, Jr., and Timothy L. Easter, JJ., joined.
E. GLENN, JUDGE
and PROCEDURAL HISTORY
Petitioner was convicted in a Shelby County Criminal Court of
premeditated first degree murder and two counts of especially
aggravated kidnapping based on his participation with a group
of fellow Gangster Disciple members in administering a brutal
beating to two other gang members as punishment for their
alleged violations of gang rules. State v. Mickens,
123 S.W.3d 355, 361 (Tenn. Crim. App. 2003), perm. app.
denied (Tenn. 2003). One of the victims, Ricky Aldridge,
who received the less severe punishment of a beating without
the use of weapons, survived and testified against the
Petitioner at his trial. Id. at 366-67. Among other
things, Mr. Aldridge related how the Petitioner and his
co-defendants held him and the murder victim, Marshall Shipp,
by the backs of their pants before they began beating Mr.
Shipp with bats and a tire iron. Mr. Shipp sustained severe
blunt force trauma to his head with swelling and bleeding of
the brain, blunt trauma to the lower legs, and a gunshot
wound to the pelvis with extensive internal bleeding and died
of his injuries approximately two days following the
one of the State's witnesses at trial was Robert Walker,
a "chief of security" for the Memphis Gangster
Disciples, who testified that he was present when Mr.
Shipp's "violations" were discussed by the
Memphis "overseer" of the Gangster Disciples, Tony
Phillips, who gave permission for lower level gang members to
kill Mr. Shipp. Id. at 363-65.
his conviction, the Petitioner filed a petition for
post-conviction relief, which was denied by the
post-conviction court after an evidentiary hearing. We
affirmed the judgment of the post-conviction court, and our
supreme court denied the Petitioner's application for
permission to appeal. See Matthew Dixon v. State,
No. W2007-01091-CCA-R3-PC, 2008 WL 2673237, at *1 (Tenn.
Crim. App. July 8, 2008), perm. app. denied (Tenn.
Oct. 27, 2008).
Petitioner later filed a petition to reopen his petition for
post-conviction relief, alleging as a later-arising claim his
having learned that Robert Walker "had a secret deal
with the prosecution for a more favorable plea agreement in
exchange for his testimony against the [P]etitioner."
Matthew Dixon v. State, No. W2015-00130-CCA-R3-PC,
2015 WL 6166604, at *3 (Tenn. Crim. App. Oct. 21, 2015). The
post-conviction court summarily dismissed the petition,
finding that it was time-barred and that the Petitioner had
not stated a valid claim for tolling the statute of
limitations. Id. at *3-4. The Petitioner then
appealed to this court. In our summary of the facts, we noted
that Mr. Walker testified at the Petitioner's trial
"that there was no deal in place with the State at that
time, although he did hope for consideration in charges
against him in exchange for his testimony." Id.
at *3. We also noted that Mr. Walker testified before a
federal grand jury in 1998 "that there was no specific
plea agreement in place, but he had discussed the matter with
the State and hoped for consideration." Id.
Ultimately, however, we dismissed the appeal for lack of
jurisdiction, finding that the Petitioner had failed "to
properly seek review of the post-conviction court's
denial of the motion to reopen[.]" Id. at *5.
September 14, 2016, the Petitioner filed the various
pleadings at issue in this case, including one he styled as
an "Amended Petition for Writ of Error Coram Nobis
Relief and DNA Post Conviction Petition." The Petitioner
claimed in his "Amended Petition" that he had filed
an August 28, 2014 petition for post-conviction relief based
on a later-arising claim and a March 1, 2015 petition for
writ of error coram nobis, but had not heard anything from
the courts regarding the status of those petitions. There are
no 2014 petitions for error coram nobis or for
Post-Conviction DNA analysis included in the record. However,
it appears that the August 28, 2014 petition for
post-conviction relief based on a later-arising claim
referenced by the Petitioner is the same petition that was