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Posted by: Tanja Trezise on Sep 12, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Karen McDonald (on appeal) and Rhett C. Chandler (at trial), Nashville, Tennessee, for the appellant, Dusty Ross Binkley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.


The Petitioner, Dusty Ross Binkley, pled guilty to manufacture of methamphetamine and possession of a weapon in the commission of a dangerous felony. The trial court sentenced the Petitioner to an eight-year sentence to be served on community corrections. The Petitioner’s community corrections officer filed a violation warrant, and, after a hearing, the trial court revoked the Petitioner’s community corrections sentence, finding that he had violated the terms of his sentence, and ordered him to serve the remainder of his sentence in confinement, to run consecutively with his sentence in another county on an unrelated charge. The Petitioner filed a pro se petition for a writ of habeas corpus, which the habeas court summarily dismissed. On appeal, the Petitioner contends that the habeas court erred by summarily dismissing his petition. After a thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment.