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Posted by: Tanja Trezise on Nov 20, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Timmy Herndon, Memphis, Tennessee, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Ross Dyer, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Petitioner, Timmy Herndon, appeals from the Criminal Court of Shelby County’s summary dismissal of his petition for habeas corpus relief. In 1999, the Petitioner was convicted of aggravated robbery and received a fifteen-year sentence. Two months before his parole was set to expire, the Petitioner, acting pro se, filed a twenty-two page petition for habeas corpus relief alleging a variety of issues all related to the constitutionality of the aggravated robbery statute upon which he was convicted. The habeas corpus court dismissed the petition as moot because, at the time of the hearing, the Petitioner’s sentence and parole had expired. In this appeal, the Petitioner presents the following issues for our review: (1) whether he is entitled to a hearing because he filed his petition for habeas corpus relief prior to the expiration of his sentence and parole; (2) whether his claim presents “a present and live, controversy”; (3) whether “‘potential’ merits” to his claim exist which entitle him to appointed counsel; and (4) whether the habeas corpus court’s order summarily dismissing his petition is void because the court “acted without subject matter jurisdiction.” Upon review, we affirm the judgment of the habeas corpus court.