Donnell v. Booker v. State of Tennessee
M2017-00251-CCA-R3-HC
| Tenn. Crim. App. | Aug 7, 2017Background
- Booker pled guilty (Feb 1997) to one count of aggravated robbery; multiple related charges were dismissed in exchange.
- As part of the plea, Booker agreed to be sentenced “out of range to 15 years at 35%,” and the judgment noted “defendant waives range.”
- Booker filed a habeas petition in 2004 claiming the sentence was beyond eligibility, the plea was not knowing/voluntary, lack of notice of enhancement, and ineffective assistance; the petition was dismissed and the dismissal affirmed on appeal.
- In Jan. 2017 Booker filed a second habeas petition asserting the trial court lacked jurisdiction to sentence him outside the range because he did not knowingly waive range jurisdiction.
- The habeas court denied the second petition as (1) raising a previously decided issue and (2) not stating a cognizable habeas claim; Booker appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked jurisdiction to impose an "out-of-range" sentence | Booker: he did not knowingly/voluntarily waive range and thus court lacked jurisdiction to sentence outside the statutory range | State: petitioner’s claim was previously litigated and an agreed out-of-range plea does not render the judgment void | Court: claim barred by law-of-the-case and not cognizable for habeas; judgment not void; dismissal affirmed |
| Whether habeas corpus is proper to attack an agreed-upon plea sentence | Booker: habeas appropriate because sentence exceeded his eligibility and waiver was not knowing | State: habeas relief limited to void judgments; plea bargains and range agreements produce facially valid judgments | Court: habeas unavailable for voidable issues arising from plea bargains; must appear on face of judgment to be void |
Key Cases Cited
- Hickman v. State, 153 S.W.3d 16 (Tenn. 2004) (limits for habeas relief; judgment must be void)
- Archer v. State, 851 S.W.2d 157 (Tenn. 1993) (habeas relief available when court lacked jurisdiction or sentence expired)
- Summers v. State, 212 S.W.3d 251 (Tenn. 2007) (distinguishes void from voidable judgments)
- McConnell v. State, 12 S.W.3d 795 (Tenn. 2000) (plea bargains and offender classification not subject to habeas attack)
- Faulkner v. State, 226 S.W.3d 358 (Tenn. 2007) (same: sentencing errors that do not appear on face of judgment are not habeas grounds)
- Memphis Publ’g Co. v. Tenn. Petroleum, 975 S.W.2d 303 (Tenn. 1998) (law-of-the-case doctrine promotes finality)