Herbert N. Jackson v. Tony Parker, Warden
2011 Tenn. Crim. App. LEXIS 300
| Tenn. Crim. App. | 2011Background
- Jackson appeals denial of habeas corpus to challenge his 2006 Madison County conviction for theft of property $1,000–$10,000 and four-year sentence with 11 months 29 days’ incarceration followed by community corrections.
- He was credited 251 days pretrial jail time from Jan 3, 2006, to Sep 11, 2006, and began community corrections Sept 12, 2006.
- A December 4, 2009 community corrections violation led to new warrants; a January 25, 2010 revocation memorialized on a form order, not a new judgment, and did not specify community corrections credits.
- The habeas petition argued no credit was awarded for time served on community corrections, and that accounting showed the four-year sentence had expired.
- The habeas court dismissed, but the Tennessee Court of Criminal Appeals granted relief, holding community corrections credits must be awarded and the sentence had expired, entitling Jackson to immediate release.
- Appeal notes that the notice of appeal was untimely but excusable due to meritorious relief sought.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to award community corrections credit renders the sentence illegal | Jackson entitled to 251 days jail and 1,179 days community corrections credit | Credit issues should be pursued under administrative procedures, not habeas | Yes; failure to award credit violates statute and supports habeas relief |
| Whether habeas corpus is proper vehicle for community corrections credit issues | Habeas relief appropriate for void sentence due to credit omission | Claims belong to Uniform Administrative Procedures Act relief | Yes; habeas relief appropriate for credit error, not administrative avenue only |
| Whether the four-year sentence had expired by 2010 | Credit applied reduces time served; total served exceeded 1,460 days | Not dispositive; question of credit entitlements | Yes; after proper credits, 1,460 days elapsed, warranting release |
| Whether remand to amend judgment is sufficient relief | Amend judgment to reflect earned credits | Remand may be insufficient without proper calculation | Remand required to amend judgment to reflect proper community corrections credits |
Key Cases Cited
- Carpenter v. State, 136 S.W.3d 608 (Tenn. 2004) (mandatory credit for time served on community corrections; cannot be denied)
- Summers v. State, 212 S.W.3d 251 (Tenn. 2007) (habeas review of sentencing errors is de novo)
- May v. Carlton, 245 S.W.3d 340 (Tenn. 2008) (illicit sentence considerations under habeas corpus)
- Shaffer v. State, 45 S.W.3d 553 (Tenn. 2001) (tolling and credit considerations in community corrections)
- Ussery v. Avery, 432 S.W.2d 656 (Tenn. 1968) (habeas scope and void vs voidable judgments)
- Archer v. State, 851 S.W.2d 157 (Tenn. Crim. App. 1993) (jurisdiction includes authority to enter specific orders)