Barry C. Melton v. Arvil "Butch" Chapman, Warden

Case Number
M2012-00322-CCA-R3-PC

The petitioner, Barry C. Melton, appeals the Wayne County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus in which he challenged the legality of the sentences imposed for his Sevier County Criminal Court guilty-pleaded convictions of aggravated sexual battery. We reverse the habeas corpus court’s rejection of all forms of habeas corpus relief and hold that the petitioner is entitled to have his illegal sentences corrected. The habeas corpus court, however, correctly ruled that the petitioner failed to establish a basis for withdrawing his guilty pleas. We do not reach the issue whether the 2009 amendments to Tennessee Code Annotated section 29-21-101 violate Article I, section 15, and/or Article II, section 2, of the Tennessee Constitution. Accordingly, the judgment of the habeas corpus court is reversed in part and affirmed in part.

Authoring Judge
Judge James Curwood Witt, Jr.
Originating Judge
Judge Robert L. Jones
Case Name
Barry C. Melton v. Arvil "Butch" Chapman, Warden
Date Filed
Dissent or Concur
No
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