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Edwards v. State

Court of Criminal Appeals of Tennessee, Nashville

June 25, 2019

MILBURN LEVON EDWARDS
v.
STATE OF TENNESSEE

          Assigned on Briefs March 20, 2019

          Appeal from the Criminal Court for Davidson County No. 90-S-1098 Angelita Blackshear Dalton, Judge

         In 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 judgment.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          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 Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the Court, in which Norma McGee Ogle and J. Ross Dyer JJ., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         This 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. 1993).

         In our 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 application filed.

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 application filed.

         This 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 ...


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