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Ogle v. State

Court of Criminal Appeals of Tennessee, Knoxville

June 4, 2019

TEDDY OGLE
v.
STATE OF TENNESSEE AND TERRY OGLE
v.
STATE OF TENNESSEE AND RONNIE RAY OGLE
v.
STATE OF TENNESSEE

          Assigned on Briefs May 30, 2019

          Appeal from the Circuit Court for Jefferson County No. 308445, 13811, 14075 Rex H. Ogle, Judge

         Messrs. Teddy and Terry Ogle filed a "Petition for Rule 60(b)" relief. Mr. Ronnie Ray Ogle filed a "Petition for Writ of Habeas Corpus and/or Motion for Correction of [I]llegal Sentence and Amended Motion for Relief from Judgment." The trial court treated the pleadings as petitions for post-conviction relief and dismissed the petitions because they were filed well after the statute of limitations. This court consolidated the three appeals. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed

          Teddy Ogle, Terry Ogle and Ronnie Ray Ogle, Wartburg, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; James B. Dunn, District Attorney General; for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which John Everett Williams, P.J., and Robert W. Wedemeyer, J., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE.

         Procedural Background

         On May 1, 2000, pursuant to a negotiated plea agreement, Teddy Ogle (also known as Ted Lee Ogle), Terry Ogle (also known as Terry Lee Ogle), and Ronnie Ray Ogle each entered pleas of guilty to felony murder, aggravated robbery, and first degree premeditated murder. Messrs. Teddy and Terry Ogle received an effective sentence of life without parole, and Mr. Ronnie Ray Ogle received an effective sentence of life.

         On November 2, 2017, Messrs. Teddy and Terry Ogle filed substantially identical pro se pleadings entitled "A Petition for Rule 60(b)" ("Messrs. Teddy and Terry Ogle's petitions"). Each claimed that he received an illegal sentence because he was improperly extradited from Alabama, and the trial court judge refused to recuse.[1] The post-conviction court interpreted both Rule 60 petitions to be a petition for post-conviction relief because both Petitioners sought "to re-litigate matters that were raised in the trial court." The court found that the petitions were barred by the statute of limitations and dismissed the petitions. Messrs. Teddy and Terry Ogle timely filed a notice of appeal.

         On May 31, 2018, Mr. Ronnie Ray Ogle filed, pro se, a "Petition for Writ of Habeas Corpus and/or Motion for Correction of [I]llegal Sentence and Amended Motion for Relief from Judgment" (Mr. Ronnie Ray Ogle's petition). He claimed that the affidavit of complaint did not establish probable cause, that "life with possibility of parole" was an illegal sentence under Tennessee Rule of Criminal Procedure Rule 36.1, that he was improperly extradited from Alabama, that his sentence was excessive, and that his guilty plea was not knowingly entered. The trial court also interpreted Mr. Ronnie Ray Ogle's petition to be a petition for post-conviction relief, determined that it was time barred, and summarily dismissed the petition. Mr. Ronnie Ray Ogle timely filed a notice of appeal.

         This court ordered the three appeals consolidated pursuant to Tennessee ...


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