ALVIN DEAN SHAVER v. SEAN PHILLIPS, WARDEN - Articles

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Posted by: Azya Thornton on Jan 31, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Alvin Dean Shaver, Wartburg, Tennessee, Pro Se.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; and Abigail H. Hornsby, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): GREENHOLTZ

In 1996, the Petitioner, Alvin Dean Shaver, pled guilty to two counts of first degree murder and was sentenced to concurrent terms of life without the possibility of parole. In 2024, the Petitioner applied for a writ of habeas corpus. He alleged that the trial court lacked subject matter jurisdiction to hear and adjudicate the charges because the statute pursuant to which he was convicted did not have the constitutionally required style, “Be it enacted by the General Assembly of the State of Tennessee.” The habeas corpus court summarily dismissed the application for the writ, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the habeas corpus court.

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