Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs March 20, 2019
from the Criminal Court for Davidson County No. 90-S-1098
Angelita Blackshear Dalton, Judge
this, his sixth petition for habeas corpus relief, the
Petitioner, Milburn Levon Edwards, contends that his
burglary, rape and assault convictions are illegal because
his sentences were ordered to be served at forty percent
instead of thirty-five percent. The trial court summarily
dismissed his petition. On appeal, the Petitioner contends
that the trial court erred when it denied his habeas corpus
petition and then it erred when it denied his subsequently
filed motion to correct clerical errors pursuant to Tennessee
Rule of Criminal Procedure 36.1 because his judgments were
not file-stamped. On appeal, we affirm the trial court's
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Milburn Levon Edwards, Nashville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; David
H. Findley, Senior Assistant Attorney General; Glenn R. Funk,
District Attorney General; Katrin Novak Miller, Assistant
District Attorney General, for the appellee, State of
W. Wedemeyer, J., delivered the opinion of the Court, in
which Norma McGee Ogle and J. Ross Dyer JJ., joined.
W. WEDEMEYER, JUDGE
case arises from the Petitioner's 1992 convictions for
twenty-one counts of rape, involving five separate victims,
two counts of first-degree burglary, two counts of aggravated
burglary, one count of second-degree burglary, one count of
aggravated rape, and one count of assault with intent to
commit rape and robbery. The trial court sentenced the
Petitioner to 415 years, 115 years of which was to be served
at 40% and 300 years of which was to be served at 60%.
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App.
memorandum opinion affirming the Petitioner's most recent
summary dismissal of his fifth petition for habeas corpus
relief, we stated:
On appeal [of the Petitioner's original convictions],
this Court affirmed the [Petitioner's] convictions but
modified his sentence to an effective sentence of life plus
195 years. Id. Subsequently, the [Petitioner]
unsuccessfully pursued post-conviction relief, and he also
filed at least four prior petitions seeking writs of habeas
corpus, all of which were dismissed. See Milburn L.
Edwards v. State, No. M2010-02001-CCA-R3-HC, 2011 WL
3480994 (Tenn. Crim. App., at Nashville, Aug. 5, 2011)
(affirming summary dismissal of fourth habeas corpus
petition), perm. app. denied (Tenn. Dec. 14, 2011);
Milburn L. Edwards v. Cherry Lindamood, Warden, No.
M2009-01132-CCA-MR3-HC, 2010 WL 2134156 (Tenn. Crim. App., at
Nashville, May 27, 2010) (affirming summary dismissal of
third habeas corpus petition), no Tenn. R. App. P. 11
application filed; Milburn L. Edwards v. Cherry
Lindamood, Warden, No. M2006-01092-CCA-R3-HC, 2007 WL
152233 (Tenn. Crim. App., at Nashville, Jan. 17, 2007),
(affirming summary dismissal of second habeas corpus
petition), perm. app. denied (Tenn. Apr. 16, 2007);
Milburn L. Edwards v. State, No.
M2004-01378-CCA-R3-HC, 2005 WL 544714 (Tenn. Crim. App., at
Nashville, Mar. 7, 2005) (affirming summary dismissal of
first habeas corpus petition), perm. app. denied
(Tenn. Aug. 29, 2005); Milburn L. Edwards v. State,
No. M2002-02124-CCA-R3-PC, 2003 WL 23014683 (Tenn. Crim.
App., at Nashville, Dec. 15, 2003) (affirming denial of
post-conviction relief), no Tenn. R. App. P. 11
Milburn L. Edwards v. State, No.
M2012-01492-CCA-R3-PC, 2013 WL 1182993 (Tenn. Crim. App., at
Nashville, Mar. 21, 2103), no Tenn. R. App. P. 11
court went on to state that the Petitioner again argued in
his fifth habeas corpus petition that he was improperly
sentenced pursuant to the 1982 Sentencing Act as opposed to
the 1989 Sentencing Act. Id. at *1. This Court
concluded that this issue had been previously determined on
direct appeal and also was raised unsuccessfully by the
Petitioner on at least two previous occasions. Id.
(citing Milburn L. Edwards, No.
M2001-02001-CCA-R3-HC, 2011 WL 3480994, at *3-4 (observing
that the sentencing issue was resolved on direct appeal and
thus could not ...