Court of Criminal Appeals of Tennessee, Nashville
RICHARD EARL MADKINS, JR.
BLAIR LEIBACK, WARDEN
Assigned on Briefs December 13, 2017
from the Circuit Court for Trousdale County No. 2016-CV-4582
John D. Wootten, Jr., Judge
Petitioner, Richard Earl Madkins, Jr., filed a petition in
the Trousdale County Circuit Court seeking habeas corpus
relief from his conviction of especially aggravated robbery
and resulting twenty-five-year sentence, alleging that the
trial court did not have jurisdiction to convict or sentence
him because he was arrested for the offense without a
warrant. The habeas corpus court denied relief without a
hearing, and the Petitioner appeals. Upon review, we affirm
the judgment of the habeas corpus court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Richard Earl Madkins, Jr., Pro Se, Hartsville, Tennessee.
Herbert H. Slatery III, Attorney General and Reporter;
Alexander C. Vey, Assistant Attorney General; and Tom P.
Thompson, Jr., District Attorney General, for the appellee,
State of Tennessee.
McGee Ogle, J., delivered the opinion of the court, in which
Camille R. McMullen and Timothy L. Easter, JJ., joined.
MCGEE OGLE, JUDGE
September 1993, the Petitioner and his codefendant shot the
victim while she was in her car and removed a sack containing
$15, 000 from the trunk. State v. Madkins, 989
S.W.2d 697, 698 (Tenn. 1999). A jury convicted the Petitioner
of especially aggravated robbery and attempted felony murder,
and he received consecutive, sixty-year sentences.
Id. Ultimately, our supreme court reversed the
Petitioner's conviction of attempted felony murder, and
the trial court resentenced him to twenty-five years for
especially aggravated robbery. See Richard Earl Madkins,
Jr. v. State, No. W2015-02238-CCA-R3-HC, 2016 WL
6312037, at *1-2 (Tenn. Crim. App. at Jackson, Oct. 28,
to the Petitioner's brief, he filed a petition for a writ
of habeas corpus in the Trousdale County Circuit Court on
December 20, 2016, and the habeas corpus court denied the
petition on February 13, 2017. On March 17, 2017, the Petitioner
filed a motion titled "Motion to Alter or Amend Judgment
and Memorandum of Law" in the Trousdale County Circuit
Court. In the motion, the Petitioner raised various grounds
as to why the habeas corpus court erred by denying his
petition for habeas corpus relief. Relevant to this appeal,
the Petitioner claimed that the trial court lacked
jurisdiction to convict or sentence him because the State
never obtained an arrest warrant charging him with especially
aggravated robbery. On May 9, 2017, the Trousdale County
Circuit Court filed a brief written order denying the motion.
appeal, the Petitioner claims that the habeas corpus court
erred by denying his petition for habeas corpus relief,
maintaining that the trial court did not have jurisdiction to
convict him of especially aggravated robbery or sentence him
for the offense because he was arrested without a warrant.
The State argues that the Petitioner has waived his claim
because he did not provide an adequate record for our review
and that, in any event, he is not entitled to relief. We
agree with the State.
determination of whether to grant habeas corpus relief is a
question of law. Summers v. State, 212 S.W.3d 251,
255 (Tenn. 2007). As such, we will review the trial
court's findings de novo without a presumption of
correctness. Id. Moreover, it is the
petitioner's burden to demonstrate, by a preponderance of
the evidence, "that the sentence is ...