IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
APRIL SESSION, 1999 April 30, 1999
Cecil W. Crowson
WILLIAM LEE HENDERSON, ) Appellate Court Clerk
C.C.A. NO. 01C01-9808-CR-00338
)
Appe llant, )
)
) DAVIDSON COUNTY
VS. )
) HON. J. RANDALL WYATT, JR.
STATE OF TENNESSEE ) JUDGE
and FLORA J. HOLLAND, )
WARDEN, )
)
Appellees. ) (Habeas Corpus)
ON APPEAL FROM THE JUDGMENT OF THE
CRIMINAL COURT OF DAVIDSON COUNTY
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM LEE HENDERSON PAUL G. SUMMERS
Pro Se Attorney General and Reporter
7575 Cockrill Bend Industrial Road
Nashville, TN 37209-1057 KIM R. HELPER
Assistant Attorney General
425 Fifth Avenu e North
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
Washington Square Building
222 Se cond A venue N orth
Nashville, TN 37201
OPINION FILED ________________________
AFFIRMED IN ACCOR DANCE W ITH RULE 20
DAVID H. WELLES, JUDGE
ORDER
The Defe ndan t, W illiam Lee H enderson , appeals from the summ ary
dismissal of his petition for habeas corpus relief. The Defendant was convicted
of robbery, kidnapping with intent to rob, and criminal sexual conduct in the first
degre e. His direct app eal to the s tate supreme court was entertained in 1981,1
and he subsequently filed a writ of ha beas c orpus in 1 998, alleg ing, in part,
ineffective assistance of counsel. The petition was dismissed on July 2, 1998.
On appeal to this Court, the Defendant complains that he was afforded
neither a hearing on his petition for habea s corpus relief nor a n opportu nity to
amend his petition; that he was n ot afford ed co unse l to aid h im in p repar ing his
petition; that he received ineffective assistance of counsel at trial; and that the
jury select ion pro cess at his tria l was u nfair. In a ddition, he c omp lains that the
judge who p resided over his trial was subsequently charged with accepting bribes
from defendants appearing before him, and the Defendant asserts that this fact
provid es him groun ds for a new tria l.
In Tennessee, habeas corpus relief is available “on ly when ‘it appears
upon the face of the judgment or the record of the proceedings upon which the
judgment is rendered’ that a c onvicting court was without jurisdiction o r authority
to sentence a defendant, or that a defendant’s sentence of imprisonment or other
restraint has expired.” Archer v. State, 851 S.W .2d 157, 164 (Tenn. 199 3);
Pass arella v. State, 891 S.W .2d 619, 626 -28 (Tenn . Crim. App. 19 94).
Furthermore, “a petition for a writ of habeas corpus may be summarily dismissed
1
State v. Henderson, 620 S.W.2d 484 (Tenn. 1981).
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by the trial court without appointment of counsel, without an evidentiary hearing,
and without the opportunity to amend the petition, if the face of the petition does
not present a co gnizable claim .” Mathis Martin v. S tate, No. 01C01-9801-CR-
00013, 1999 WL 182140, at *2 (Tenn. C rim. App., Na shville, March 30, 19 99);
see also Tenn . Code Ann. § 4 0-14-20 4.
Here, the Defendant does not allege that the court which convic ted him
was without jurisdiction, nor does he allege that his sentence has expired.
Rather, he allege s groun ds which , if proven, m ight give rise to post-co nviction
relief. Althoug h a trial cou rt may trea t a petition for habeas corpus relief as one
for post-conviction relief, see Tenn. Code Ann. § 40-30-205(c), we note that the
Defe ndan t’s claim for post-co nviction relief h as long s ince bee n time-b arred. See
id. § 40-30 -102 (rep ealed in 1 995 an d replace d by § 40 -30-202 ).
According ly, we find no error in the trial court’s dismissal of the D efend ant’s
petition for habe as corp us relief. Based upon a thorough reading of the record,
the briefs of the parties, and the law governing the issues presented for review,
the judgment of the trial court is affirmed in accordance with Rule 20 of the Court
of Crimin al Appe als of Te nness ee.
____________________________________
DAVID H. WELLES, JUDGE
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CONCUR:
___________________________________
JOHN H. PEAY, JUDGE
___________________________________
JAMES CURWOOD WITT, JR., JUDGE
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