Harold Holloway v. David Sexton, Warden

In an indictment returned by the Hamilton County Grand Jury, Petitioner, Harold Holloway, Jr., was charged in count 1 with felony murder during the perpetration of, or attempt to perpetrate, a theft. He was also charged in count 2 with felony murder committed in the perpetration of, or attempt to perpetrate robbery. Additional counts alleged offenses which are not pertinent to this case on appeal. Following a jury trial, he was found guilty of second degree murder in both counts which charged felony murder. The conviction in count 2 was merged with the conviction in count 1. On direct appeal, this court affirmed the murder conviction. State v. Harold Holloway, Jr., No. E2004-00882-CCA-R3-CD, 2005 WL 1981791 (Tenn. Crim. App. Aug. 16, 2005). Petitioner now appeals from the trial court’s order dismissing his petition for habeas corpus relief without an evidentiary hearing. The habeas corpus petition alleged that Petitioner was entitled to relief because (1) each count of the indictment that charged felony murder was invalid, and therefore led to a void judgment because it failed “to include the statutory element of specific ‘intent’ for the underlying offense;” and (2) the convicting criminal court erroneously amended the felony murder counts of the indictment with its jury charge. After review of the briefs, the record, and the applicable law, we affirm the judgment of the trial court in this case.