Michael v. Morris v. Blair Leibach, Warden
M2017-00811-CCA-R3-HC
| Tenn. Crim. App. | Dec 27, 2017Background
- Michael V. Morris was convicted in 2006 of aggravated robbery and sentenced as a career offender to 30 years at 60%.
- Morris previously appealed his conviction and post-conviction denial; those appeals were affirmed.
- He filed multiple prior habeas petitions challenging his career-offender classification; those petitions were unsuccessful.
- On March 24, 2017, Morris filed a third habeas petition arguing Tennessee Code § 40-35-108 is vague/overbroad and conflicts with § 40-35-117(c) (pre-1982 convictions should not count).
- The habeas court summarily denied the petition because Morris failed to verify it by affidavit as required by Tenn. Code Ann. § 29-21-107(a).
- The Court of Criminal Appeals affirmed the denial, concluding Morris’s procedural failure warranted dismissal and that his statutory/constitutional arguments were meritless under existing precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural sufficiency of habeas petition | Morris failed to verify petition by affidavit but argued merits justify relief | State: petition must meet statutory verification requirements; failure permits dismissal | Court: dismissal proper; statutory verification is mandatory, so petition may be denied without a hearing |
| Validity of using pre-1982 convictions for career-offender status | § 40-35-108 is unconstitutionally vague/overbroad and conflicts with § 40-35-117(c) barring pre-1982 convictions | State: statute permits consideration of all lifetime felony convictions; prior decisions uphold § 40-35-108’s application | Court: Morris’s arguments rejected; precedent permits using pre-1982 convictions for career-offender classification |
Key Cases Cited
- Edwards v. State, 269 S.W.3d 915 (Tenn. 2008) (standard and scope of habeas review)
- Archer v. State, 851 S.W.2d 157 (Tenn. 1993) (habeas corpus is a narrow remedy)
- Hogan v. Mills, 168 S.W.3d 753 (Tenn. 2005) (distinguishing void vs. voidable judgments)
- Summers v. State, 212 S.W.3d 251 (Tenn. 2007) (facial invalidity and jurisdictional limits for habeas relief)
- Hickman v. State, 153 S.W.3d 16 (Tenn. 2004) (procedural requirements for habeas petitions are mandatory)
- State v. Wright, 836 S.W.2d 130 (Tenn. Crim. App. 1992) (all lifetime felony convictions may be considered for career-offender classification)