Kenneth L. Langley v. State of Tennessee
E2016-01726-CCA-R3-HC
| Tenn. Crim. App. | Mar 2, 2017Background
- Kenneth L. Langley pled guilty in Cumberland County (Aug 15, 2012) to burglary and theft; received concurrent 4-year sentences, placed on probation with first year to be supervised by community corrections.
- He admitted two violations (May 2013 and Dec 2013); after the December violation, the trial court revoked probation (Apr 3, 2014) and ordered him to serve the balance in TDOC with credit for time served in county jail.
- While incarcerated in Johnson County, Langley filed a habeas corpus petition in Cumberland County (June 27, 2016) claiming the trial court failed to award credit for time served on community corrections; he also sought pretrial jail credit.
- The habeas court dismissed the petition for improper venue under Tenn. Code Ann. § 29-21-105, but later amended the judgment to award 11 days of pretrial jail credit.
- On appeal, this court held the petition was properly filed in the convicting court (Cumberland) but affirmed dismissal on the merits because Langley had been on probation (not serving a community corrections sentence) and thus was not entitled to community corrections credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue for habeas petition | Langley: filing in convicting court (Cumberland) was proper because it had the records and authority to correct the sentence | State: petition should be filed in county of confinement (Johnson) per § 29-21-105 | Court: filing in convicting court is permissible when convicting court possesses records and authority; venue proper in Cumberland |
| Entitlement to credit for time served on community corrections after revocation | Langley: trial court failed to award credit for time served under community corrections | State: trial court properly sentenced and awarded appropriate credit (pretrial jail time only) | Court: Langley was on probation supervised by community corrections, not a community corrections sentence; probationers get no credit for time on probation upon revocation, so no community corrections credit owed |
Key Cases Cited
- Summers v. State, 212 S.W.3d 251 (Tenn. 2007) (standard of review for habeas corpus dismissal)
- Archer v. State, 851 S.W.2d 157 (Tenn. 1993) (habeas relief limited to facially void judgments)
- Taylor v. State, 995 S.W.2d 78 (Tenn. 1999) (distinction between void and voidable judgments)
- Carter v. Bell, 279 S.W.3d 560 (Tenn. 2009) (venue under § 29-21-105; petition should be filed where petitioner is held unless sufficient reason shown)
- Carpenter v. State, 136 S.W.3d 608 (Tenn. 2004) (trial court may not deny credit for time actually served in community corrections)
- Jackson v. Parker, 366 S.W.3d 186 (Tenn. Crim. App. 2011) (failure to award community corrections credit can support habeas relief)
- State v. Brown, 479 S.W.3d 200 (Tenn. 2015) (decision impacting analysis of community corrections credit)