SIDNEY CLEVE METCALF v. DAVID SEXTON, WARDEN - Articles

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Posted by: Tanja Trezise on Aug 20, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Sidney Cleve Metcalf, Mountain City, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; and Leslie E. Price, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Sidney Cleve Metcalf, appeals the Johnson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. In this appeal, the Petitioner claims entitlement to habeas corpus relief because of alleged defects in the indictment. The crux of his argument is that his indictment is invalid because it did not allege all of the elements of the offense of aggravated rape, i.e., that the penetration of the victim was accomplished while being armed with a weapon. He also contends that he is entitled to relief because the grand jury foreman did not sign the indictment. We conclude that there is no error in the judgment of the habeas corpus court and affirm.

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