Brooke Whitaker v. Trinity Minter, Warden
W2017-00127-CCA-R3-HC
| Tenn. Crim. App. | Sep 8, 2017Background
- In 2008 Petitioner Brooke Whitaker pleaded guilty to one count of rape for participating in the rape of a fellow inmate and received a 12-year confinement sentence.
- Her direct appeal and post-conviction challenges (ineffective assistance, involuntariness, conflict) were previously litigated and denied.
- She filed a Tennessee Rule 36.1 motion arguing her sentence was illegal because the trial court failed to advise her of lifetime community supervision; the motion was dismissed and that dismissal was affirmed on appeal.
- On November 18, 2016 Whitaker filed a habeas corpus petition asserting the same Rule 11/Ward-based claim that her sentence was illegal for lack of notice about lifetime community supervision.
- The habeas court denied relief on November 29, 2016; Whitaker filed an unsigned notice of appeal on January 3, 2017 (more than 30 days after entry).
- The Court of Criminal Appeals dismissed the appeal because the notice of appeal was untimely, no waiver request or justification was offered, and the issue had been previously litigated (collateral estoppel).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas petition raised an illegal sentence because the trial court failed to advise of lifetime community supervision under Rule 11 and Ward | Whitaker: trial court’s failure to advise made her sentence illegal | State: claim already litigated and Ward does not apply retroactively; sentence is legal | Denied — claim previously litigated and not a basis for habeas relief |
| Whether the untimely notice of appeal should be excused/waived | Whitaker: (asserted a timely notice was filed in brief) | State: appeal untimely; waiver of filing requirement required showing the interests of justice | Dismissed — notice filed beyond 30 days; no request or reason to waive; appeal dismissed |
Key Cases Cited
- Ward v. State, 315 S.W.3d 461 (Tenn. 2010) (addressing trial-court advisement about community supervision and Rule 11 issues)
- State v. Rockwell, 280 S.W.3d 212 (Tenn. Crim. App. 2007) (holding that waiving the 30-day notice requirement absent justification would eviscerate Rule 4(a)'s deadline)