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Posted by: Tanja Trezise on Sep 25, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Charles Montague, Mountain City, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; and John H. Bledsoe, Senior Counsel, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Charles Montague, appeals from the Washington County Circuit Court’s summary dismissal of his petition for a writ of habeas corpus. In this appeal, the Petitioner claims entitlement to habeas corpus relief because (1) he was deprived of pretrial jail credits; (2) his sentence is disproportionate to other sentences from the trial court; (3) an illegal fine was imposed; (4) he was ordered to serve his sentence in “installments”; and (5) the indictment was improperly amended without his consent. We conclude that the Petitioner has stated a cognizable claim for habeas corpus relief with regard to his possible entitlement to pretrial jail credits. We remand for a hearing and the appointment of counsel on that issue alone. In all other respects, the judgment of the habeas corpus court is affirmed.