Antonio L. Fuller v. Blair Leibach, Warden, M2016-02514-CCA-R3-HC

Antonio L. Fuller is serving an effective 56-year sentence for convictions including aggravated burglary, aggravated robbery, evading arrest, reckless endangerment, and two counts of especially aggravated kidnapping affirmed on direct appeal in 2005.
In 2012, State v. White changed the law by requiring jury instructions addressing whether removal or confinement was incidental to an accompanying felony for especially aggravated kidnapping.
On August 22, 2016, Fuller filed a petition for writ of habeas corpus claiming his especially aggravated kidnapping convictions were void because the jury was not properly instructed under White.
The Trousdale County Circuit Court summarily dismissed the habeas petition on November 21, 2016, finding it did not state a cognizable claim for habeas relief.
Fuller appealed, arguing White required relief for his convictions. The State argued White is not retroactive to cases already final on direct appeal and that the alleged jury-instruction error, if any, renders a conviction voidable, not void.
The Court of Criminal Appeals affirmed, holding Fuller failed to establish a facially void judgment or illegal confinement warranting habeas relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Fuller's convictions are void for lack of proper jury instruction under White	Fuller: White requires instruction on whether removal/confinement was incidental; absence of such instruction voids his kidnapping convictions	State: White is not retroactive to cases final on direct appeal and jury-instruction error would make convictions voidable, not void	Court: Denied — White not retroactive to Fuller and alleged error renders convictions voidable, not void; habeas relief not available
Whether the petition stated a cognizable habeas corpus claim	Fuller: Petition alleges facial invalidity based on instruction error	State: Petition fails to show facial lack of jurisdiction or expired sentence; mere instructional error is not cognizable on habeas	Court: Petition fails to demonstrate a void judgment; summary dismissal proper

State v. White, 362 S.W.3d 559 (Tenn. 2012) (requires jury instruction on whether removal/confinement was incidental to an accompanying felony)
State v. Fuller, 172 S.W.3d 533 (Tenn. 2005) (Fuller’s convictions affirmed on direct appeal)
Taylor v. State, 995 S.W.2d 78 (Tenn. 1999) (limits grounds for habeas corpus relief)
State v. Ritchie, 20 S.W.3d 624 (Tenn. 2000) (habeas writ grounds described)
Archer v. State, 851 S.W.2d 157 (Tenn. 1993) (habeas relief limited to void judgments or expired sentences)
Summers v. State, 212 S.W.3d 251 (Tenn. 2007) (distinguishes void judgments as facially invalid for lack of authority)
Wyatt v. State, 24 S.W.3d 319 (Tenn. 2000) (petitioner bears burden to prove judgment void by preponderance)
Hickman v. State, 153 S.W.3d 16 (Tenn. 2004) (habeas petition may be summarily dismissed when it fails to show judgment is void)