451 S.W.2d 695 | Tenn. Crim. App. | 1969
OPINION
Carl J. Crain, the petitioner below, indigent and represented by the Shelby County Public Defender, appeals to this Court from the judgment of the Criminal Court of Shelby County dismissing his petition for the writ of habeas corpus without an evidentiary hearing.
The trial judge dismissed the petition, on motion of the State, upon the ground that the petitioner’s direct appeal from the conviction attacked by this petition was then still pending in the appellate courts of this State.
This petition was filed March 21, 1968. We know judicially that the petitioner’s direct appeal from his conviction of grand larceny attacked by this petition, as well as another appeal from a like conviction, were pending before this Court at that time.
The only question here involved is whether a convicted defendant may attack his conviction collaterally by a habeas corpus or post-conviction relief petition while his direct appeal of his conviction is undergoing appellate review.
The settled law of this State is that a petition
This case was heard and submitted to the Court prior to enactment of Chapter 330 of the Public Acts of 1969 increasing the membership of the Court.