Roosevelt Bigbee v. Jonathan Lebo, Warden, W2016-01997-CCA-R3-HC

Roosevelt Bigbee was indicted in 1988 on two counts: felony murder and aggravated robbery for the killing of Monty Clymer.
A jury acquitted Bigbee of aggravated robbery but convicted him of felony murder; he was initially sentenced to death, later reduced to life on resentencing.
In August 2016 Bigbee filed a habeas corpus petition asserting the felony murder indictment was void because he was not separately indicted for the underlying felony (attempted robbery).
The trial court summarily dismissed the habeas petition; Bigbee appealed that dismissal to the Tennessee Court of Criminal Appeals.
The appellate court reviewed whether the felony murder indictment was facially void for failing to allege the underlying felony in a separate count and whether habeas relief was available.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether felony‑murder indictment is void for not separately charging the underlying felony	Bigbee: indictment void because attempted robbery was not charged in a separate count; insufficient notice	State: felony‑murder indictment need only allege killing during the perpetration/attempt of a felony; separate count unnecessary	Indictment valid; no habeas relief because judgment not facially void

Faulkner v. State, 226 S.W.3d 358 (Tenn. 2007) (habeas relief limited to void judgments or expired sentences)
Ritchie v. State, 20 S.W.3d 624 (Tenn. 2000) (scope of habeas corpus relief)
Summers v. State, 212 S.W.3d 251 (Tenn. 2007) (void judgment is one rendered without statutory authority; summary dismissal permitted when petition fails to show voidness)
State v. Hill, 954 S.W.2d 725 (Tenn. 1997) (indictment sufficient if it notifies accused, supports judgment, and protects against double jeopardy)
Wyatt v. State, 24 S.W.3d 319 (Tenn. 2000) (petitioner bears burden to prove void judgment by preponderance of evidence)