Thomas Braden v. Ricky Bell, Warden

Case Number
M2004-01381-CCA-R3-HC

The petitioner appeals the denial of his habeas petition, contending that the judgments reflect thirty percent release eligibility rather than the statutorily mandated one hundred percent service required of multiple rapists. Because the petitioner was convicted by a jury, as opposed to pleading guilty, we conclude that the trial court was required to impose the one hundred percent service requirement.  Therefore, the trial court’s failure to properly mark the judgments does not render the judgments void but should be amended as a clerical error, pursuant to Tennessee Rule of Criminal Procedure 36.  We affirm the denial of habeas relief.

Authoring Judge
Judge John Everett Williams
Originating Judge
Judge Cheryl A. Blackburn
Case Name
Thomas Braden v. Ricky Bell, Warden
Date Filed
Dissent or Concur
This is a dissenting opinion
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