John Joseph Kratochvil v. Randy Lee, Warden
E2016-02056-CCA-R3-HC
| Tenn. Crim. App. | Jun 30, 2017Background
- Petitioner John Joseph Kratochvil pleaded guilty to second-degree murder on March 31, 2010, and received a 35-year sentence.
- He previously filed and lost post-conviction relief, coram nobis, and an earlier habeas corpus petition; appeals were denied at each stage.
- On July 22, 2015, Kratochvil filed the instant pro se habeas corpus petition claiming his judgment is void because he was arrested without a warrant.
- The State moved to dismiss, arguing the claim does not state a cognizable habeas corpus ground.
- The Johnson County Criminal Court summarily dismissed the petition on September 8, 2016; Kratochvil appealed.
- The Court of Criminal Appeals reviewed de novo and affirmed the dismissal pursuant to Rule 20.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a warrantless arrest that led to a conviction renders the judgment void for habeas corpus purposes | Kratochvil: his arrest was illegal (warrantless), so the judgment is void and subject to habeas relief | State: warrantless arrest does not render a subsequent valid conviction void; claim is not cognizable in habeas corpus | Court: Arrest without a warrant does not per se create a void judgment; habeas relief denied |
Key Cases Cited
- Faulkner v. State, 226 S.W.3d 358 (Tenn. 2007) (standard of review for habeas corpus is de novo)
- Hart v. State, 21 S.W.3d 901 (Tenn. 2000) (habeas corpus review is a question of law)
- Ussery v. Avery, 432 S.W.2d 656 (Tenn. 1968) (scope of statutory habeas corpus relief)
- Archer v. State, 851 S.W.2d 157 (Tenn. 1993) (void conviction defined as one attacking court's jurisdiction)
- Nelson v. State, 470 S.W.2d 32 (Tenn. Crim. App. 1971) (warrantless arrest does not per se entitle defendant to habeas relief)
- Passarella v. State, 891 S.W.2d 619 (Tenn. Crim. App. 1994) (habeas corpus attacks void, not voidable, judgments)