Sidney Porterfield v. Rickey J. Bell, Warden, State of Tennessee

The petitioner, Sidney Porterfield, pro se, seeks habeas corpus relief from his 1986 Shelby County first degree murder conviction and death sentence, alleging his indictment was void because it was returned by a grand jury from which women had been systematically excluded as grand jury forepersons.  He now appeals from the Davidson County dismissal of his petition.  The State contends that this court is without jurisdiction to hear this appeal because the petitioner filed an untimely notice of appeal and offered no explanation and, further, that the petition does not meet all the criteria set forth in Tennessee Code Annotated section 29-21-107.  Furthermore, the State contends that a void indictment does not deprive a trial court of jurisdiction, that the petitioner’s claim is not cognizable for habeas corpus relief because proof beyond the face of the judgment and record is required, and that our Supreme Court has rejected an identical claim regarding discrimination in the selection of a grand jury foreperson in State v. Bondurant, 4 S.W.3d 662 (Tenn. 1999).  After careful review, we conclude that the notice of appeal is not jurisdictional and may be waived in the interest of justice.  However, without explanation or request being filed, the interest of justice weighs against waiver; therefore, we dismiss this appeal.