Michael Dwayne Edwards v. State of Tennessee, Wayne Brandon, Warden

Case Number
M2006-01043-SC-R11-HC

We granted the State’s application for permission to appeal to consider whether the Court of Criminal Appeals erred in remanding this habeas corpus case to the trial court for a hearing on Michael Dwayne Edward’s claim that his sentence is illegal. After careful consideration we conclude that, even assuming the trial court erroneously classified Edwards as a persistent  offender for sentencing, this non-jurisdictional error renders the judgment voidable, not void, and does not entitle Edwards to habeas corpus relief. Accordingly, we reverse the judgment of the Court of Criminal Appeals and reinstate the judgment of the trial court dismissing the habeas corpus petition.

Authoring Judge
Chief Justice William M. Barker
Originating Judge
Judge Jeff Bivins
Case Name
Michael Dwayne Edwards v. State of Tennessee, Wayne Brandon, Warden
Date Filed
Dissent or Concur
This is a dissenting opinion
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