DONALD CLARK v. STATE OF TENNESSEE, JENNIE JOBE, WARDEN - Articles

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Posted by: Tanja Trezise on Dec 12, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Donald Clark, Pro Se, Nashville, Tennessee.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter, and Clarence E. Lutz, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

This matter is before the Court upon the State’s motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner, Donald Clark, has appealed the Davidson County Circuit Court order dismissing his second petition for writ of habeas corpus in which Petitioner alleged that: (1) he received ineffective assistance of counsel at trial; (2) his indictments were “faulty”; and (3) he was illegally arrested. Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the motion for new trial as duplicitous and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.

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