JOSEPH KINDRED v. JERRY LESTER, WARDEN - Articles

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Posted by: Tanja Trezise on Aug 20, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph Kindred, Henning, Tennessee, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Caitlin E.D. Smith, Assistant Attorney General; Mike Dunavant, District Attorney General; and Brent A. Cooper, Assistant District Attorney General for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

In 2010, the Petitioner, Joseph Kindred, pleaded guilty to multiple counts involving conspiracy to sell drugs within a school zone, and the trial court sentenced the Petitioner to sixteen years in the Tennessee Department of Correction. In 2013, the Petitioner filed a petition for habeas corpus relief, which was summarily dismissed by the habeas corpus court. On appeal, the Petitioner alleges that the habeas corpus court erred when it dismissed his petition, contending that the trial court did not have the jurisdiction or authority to sentence him for the conspiracy convictions because he was not indicted for conspiracy. After a thorough review of the record and applicable authorities, we affirm the habeas court’s judgment.

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