Gabriel Kimball v. State of Tennessee

The Petitioner, Gabriel Kimball, pleaded guilty to rape of a child in Bradley County Criminal Court, and the trial court sentenced him to serve fifteen years.  The Petitioner unsuccessfully sought post-conviction relief.  Gabriel Kimball v. State, No. E2006-01562-CCA-R3-PC, 2007 WL 2757634, at *1 (Tenn. Crim. App. Sept. 24, 2007), perm. app. denied (Tenn. Feb. 4, 2008).  The Petitioner then sought state habeas corpus relief alleging that the judgment of conviction entered was void and that his attorney rendered ineffective assistance.  The habeas corpus court summarily dismissed the petition finding that the Petitioner had failed to raise a cognizable habeas corpus claim.  The Petitioner appeals this dismissal, maintaining that the judgment is void and that he received the ineffective assistance of counsel.  After a thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment.