State of Tennessee v. Elgain Ricky Wilson
M2016-02247-CCA-R3-CD
| Tenn. Crim. App. | Jun 27, 2017Background
- In 1984 Wilson pleaded guilty to first-degree felony murder, armed robbery, and two counts of assault with intent to commit armed robbery; trial court imposed life + 50 years, with partial consecutive terms.
- Indictment alleged Edward Meirs was killed during the commission of a robbery of Meirs.
- Wilson later contended the proof showed Meirs was killed during a robbery of Margaret Meirs (not a robbery of Edward), challenging the felony-murder factual basis.
- In July 2016 Wilson filed a Rule 36.1 motion asserting his felony-murder plea was involuntary, based on insufficient evidence and ineffective assistance/plea coercion, and that his sentence was illegal.
- Trial court summarily dismissed the motion, finding it raised insufficiency and ineffective-assistance claims (appealable/post-conviction matters), not an illegal sentence under Rule 36.1.
- The Court of Criminal Appeals affirmed, holding the allegations did not state a colorable illegal-sentence claim under Rule 36.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 36.1 authorizes relief for Wilson's claim that the felony-murder plea lacked factual support because victim allegedly killed during a different robbery | Wilson: indictment alleged Meirs was robbed and killed; record shows murder occurred during robbery of Margaret Meirs, so felony-murder conviction is unsupported | State: claim attacks sufficiency/conviction, not the legality of the sentence; Rule 36.1 is limited to illegal sentences | Court: Claim attacks conviction/sufficiency, an appealable error, not an illegal sentence; Rule 36.1 relief not available |
| Whether ineffective assistance / involuntary plea allegations can be remedied via Rule 36.1 | Wilson: counsel coerced plea via death-penalty threats; plea involuntary, so sentence/conviction void | State: such claims are for post-conviction relief, not Rule 36.1; they do not render sentence illegal | Court: Ineffective assistance and involuntariness are appealable/post-conviction issues, not fatal errors under Rule 36.1; no relief |
| Whether a defective indictment (mismatch in robbery victim) renders sentence illegal under Rule 36.1 | Wilson: defective indictment means conviction/sentence are nullities | State: indictment defects are appealable errors that do not automatically make a sentence illegal | Court: Defective-indictment claim is appealable, not a Rule 36.1 fatal error; no relief |
| Whether the trial court properly summarily dismissed the Rule 36.1 motion without a hearing | Wilson: motion stated colorable claims entitling him to a hearing and counsel | State: motion failed to state a colorable illegal-sentence claim; summary dismissal appropriate | Court: Motion did not state a colorable Rule 36.1 claim; summary dismissal affirmed |
Key Cases Cited
- State v. Wooden, 478 S.W.3d 585 (Tenn. 2015) (defines colorable Rule 36.1 claim and distinguishes fatal illegal-sentence errors from appealable errors)
- State v. Cantrell, 346 S.W.2d 445 (Tenn. 2011) (discusses crimes that render sentences illegal vs. appealable sentencing errors)
- State v. Elgain Ricky Wilson, 710 S.W.2d 539 (Tenn. Crim. App. 1986) (prior appeal affirming consecutive sentences imposed on Wilson)