State of Tennessee Ex Rel David W. Dunn v. Howard Carlton, Warden

Case Number
E2009-01647-CCA-R3-HC

In 1985, a jury found the petitioner, David W. Dunn, guilty of first degree murder. He received a life sentence. In his petition for habeas corpus relief, the petitioner contended that the judgment against him was void because the trial court sentenced him as a Range I, standard offender, and the trial court did not have jurisdiction to impose a life sentence with a thirty percent release eligibility. The habeas corpus court denied relief and remanded the case to the Criminal Court of Davidson County for entry of a corrected judgment. Following our review of the parties' briefs, the record, and the applicable law, we conclude that the petitioner failed to timely file his notice of appeal and that his claims do not warrant consideration in the "interest of justice." Therefore, we dismiss his appeal.

Authoring Judge
Judge J.C. McLin
Originating Judge
Judge Robert E. Cupp
Case Name
State of Tennessee Ex Rel David W. Dunn v. Howard Carlton, Warden
Date Filed
Dissent or Concur
No