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King v. Lindamood

United States District Court, M.D. Tennessee, Nashville Division

August 6, 2019

WILLIAM CARTER KING, Petitioner,
v.
CHERRY LINDAMOOD, Warden, Respondent.

          MEMORANDUM OPINION

          WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE.

         William Carter King is a Tennessee prisoner incarcerated at the Hardeman County Correctional Facility, where he is currently serving a total effective sentence of twelve years pursuant to criminal judgments of conviction for burglary, theft of property valued at more than $500, and possession of a controlled substance. He filed a pro se, in forma pauperis petition for a writ of habeas corpus under 28 U.S.C. § 2241 alleging that his sentence already has expired. (Doc. No. 1).

         Presently pending before the Court are Petitioner's Motions to Receive Jail Credit (Doc. No. 6) and to Amend and/or Supplement (Doc. No. 22). Also pending is Respondent's Motion to Dismiss the habeas petition. (Doc. No. 25).

         I. Preliminary Matters

         A. Proper Respondent

         When Petitioner filed his original § 2241 petition, he was confined at the South Central Correctional Facility in Clifton, Tennessee. However, Petitioner currently is confined at the Hardeman County Correctional Facility. Hilton Hill, Jr. is the Warden of that facility. Pursuant to Habeas Rule 2, if the petitioner is currently in custody under a state-court judgment, the petition must name as respondent the state officer who has custody. Therefore, the Clerk will be directed to substitute Hilton Hall, Jr. as the proper Respondent in this case.

         B. Petitioner's Motion to Amend and/or Supplement

         After filing his petition, Petitioner filed a Motion to Amend and/or Supplement his petition. (Doc. No. 22). Petitioner seeks to add a statement that “[t]he record is 100 percent void of any evidence to support the indictment” and a request for compensation “for every day spent incarcerated” after the expiration of his sentence. (Id. at 1). Petitioner's motion will be granted, and the Court will consider the petition amended as requested.

         C. Petitioner's Motion to Receive Jail Credit

         Petitioner's Motion to Receive Jail Credit (Doc. No. 6) posits that Petitioner's sentence is expired and, in December of 2018, he “will have served 10 years on a 12 year sentence.” (Id. at 2). Because this Motion raises the same arguments as Petitioner's § 2241 petition, the Court must consider Petitioner's Motion simultaneously with the petition.

         II. Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241

         A. Procedural History

         On February 26, 2009, Petitioner was indicted in Fentress County Criminal Court on charges of burglary and theft of property valued at more than $500 in Case Number 9536. (Doc. No. 24, Attach. 1 at PageID# 100-01). At the time of the offenses, Petitioner was on probation for a one-year sentence in Case Number 29884. (See Doc. No. 24, Attach. 1 at PageID# 111). On July 9, 2009, Petitioner pled guilty to both offenses in Case Number 9536. (Id. at PageID # 128-29). At that time, the trial court entered an interim judgment and set a sentencing hearing for September 21, 2009. (Id. at PageID# 132). At the sentencing hearing, the trial court imposed a six-year sentence for the burglary conviction and a one-year sentence for the theft conviction. (Id. at PageID# 133-34). The sentences were consecutive to each other and consecutive to the sentence in Case Number 32291. (Id.) The result was a total effective sentence of seven years with one year to be served in split confinement before Petitioner was released on supervised probation for the remaining six years. (Id.) While on probation, Petitioner was to enter and complete a long-term drug rehabilitation program. (Id.) The trial court awarded pretrial jail credit in the amount of 170 days for two periods: December 27, 2008, to April 20, 2009, and July 28, 2009, to September 21, 2009. (Id.) The trial court also applied a total of 40 days of pretrial behavior credits in accordance with Tennessee Code Annotated § 41-21-236. (Doc. No. 26, Attach. 1 at 2). Petitioner was released from the custody of the Fentress County Jail on February 14, 2010, to probation supervision. (Id.)

         On October 28, 2010, Petitioner was indicted in Fentress County Criminal Court on a charge of unlawful possession of a controlled substance in a penal institution in Case Number 10-108. (Doc. No. 24, Attach. 2 at PageID# 154-55). Based on that indictment, a petition to revoke his probation was filed in Case Number 9536 on January 24, 2011. (See Doc. No. 24, Attach. 1 at PageID# 136). The petition alleged that the offense of unlawful possession of a controlled substance in a penal institution occurred on August 21, 2010, while Petitioner was serving the split confinement portion of his sentence in Case Number 9536. (See id.) On the same day that the probation revocation petition was filed, Petitioner entered a guilty plea in Case Number 10-108. (See Doc. No. 24, Attach. 2 at PageID# 163-64). The trial court imposed a sentence of five years to be served consecutive to the seven-year sentence in Case Number 9536 for a total effective sentence of twelve years. (Id. at PageID# 167). The trial court revoked the probation in Case Number 9536 and ordered that the entire twelve-year sentence be served on Community Corrections. (See id. at PageID# 163-68). When Petitioner was accepted ...


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