Assigned on Briefs May 7, 2019
from the Criminal Court for Shelby County No. 17-00809
Jennifer Johnson Mitchell, Judge
Jafarris Miller, appeals from the dismissal of his petition
for habeas corpus relief. On appeal and in his pro
se petition, Petitioner argues that his convictions for
intentionally evading arrest in a vehicle, a Class E felony,
and theft of property less than $500.00 in value, a Class A
misdemeanor, are void because the arrest warrant was invalid.
After review of the record and the briefs, we affirm the
judgment of the habeas corpus court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Jafarris Miller, Memphis, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Zachary T. Hinkle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Leslie Byrd,
Assistant District Attorney General, for the appellee, State
T. Woodall, J., delivered the opinion of the court, in which
James Curwood Witt, Jr. and D. Kelly Thomas, Jr., JJ.,
T. WOODALL, JUDGE
to an affidavit in support of an arrest warrant submitted by
a police detective, the detective observed Petitioner and his
accomplice sprint out of a retail store in Collierville. One
of the two carried a 55-gallon garbage sack that was
extremely full. It was ultimately determined the sack
contained over $500.00 worth of merchandise that had not been
purchased. Believing a theft had occurred, the detective
activated his emergency equipment and initiated a stop of the
vehicle that Petitioner and his cohort had entered.
Petitioner was the driver, and he disregarded the
detective's orders to stop. Petitioner drove the vehicle
in a manner that caused a forearm abrasion and a bruise to
the detective's left side. A chase began when Petitioner
drove out of the parking lot. Petitioner's car promptly
wrecked and he and his passenger fled on foot but were soon
taken into custody by other police officers.
Petitioner was charged by the Shelby County Grand Jury in a
five-count indictment with two counts of aggravated assault
upon the detective based upon alternate theories, two counts
of intentionally evading arrest in a motor vehicle based upon
alternate theories, and one count of Class E felony theft of
negotiated plea agreement, Petitioner pled guilty to one
count of intentionally evading arrest in a motor vehicle, and
the lesser included offense of theft of property less than
$500.00 in value.
alleged in his petition and again in his brief, that he was
afforded a preliminary hearing, after which he was indicted.
He further alleges that his motion to dismiss the charges at
the preliminary hearing, due to a void affidavit of
complaint, was denied.
legal claim for habeas corpus relief is that no valid
affidavit of complaint or arrest warrant was issued in his
case, and therefore all subsequent proceedings including the
indictment and the judgments of ...