Mardoche Olivier v. State of Tennessee

Defendant, Mardoche Olivier, was indicted by the Montgomery County Grand Jury for the offense of driving a vehicle at a time when his license to drive had been canceled, suspended, or revoked. This charge is currently pending in Montgomery County Circuit Court. However, Defendant filed pro se a petition for habeas corpus relief in the trial court as to the pending charge. The trial court summarily dismissed the petition the following day, and Defendant has appealed. We conclude that the trial court lacked jurisdiction to consider Defendant’s habeas corpus petition, and accordingly the trial court properly summarily dismissed the petition. We also conclude that because Defendant has filed numerous similar habeas corpus petitions in cases where there is no final judgment to attack and he has repeatedly appealed the dismissals, that this is a frivolous appeal and Defendant is abusing the appellate process. Accordingly, we affirm the trial court’s summary dismissal of the habeas corpus petition, and order that the Clerk of this Court shall not file any further notices of appeal from Defendant in habeas corpus matters unless Defendant attaches to the notice of appeal a copy of the final judgment challenged in his habeas corpus petition.