BILLY COOK v. DOUG COOK, WARDEN - Articles

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Posted by: Amelia Ferrell Knisely on Mar 8, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Billy Cook, Pikeville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; and Andrew C. Coulam, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner currently is serving an effective seventy-year sentence following his 2013 guilty pleas to fifty counts of especially aggravated sexual exploitation of a minor, ten counts of rape of a child, and seventeen counts of aggravated rape of a child. Following an unsuccessful petition for post-conviction relief based upon the alleged ineffectiveness of trial counsel, Billy Jack Cook v. State, No. M2014-00616-CCA-R3-PC, 2015 WL 2445868, at *1 (Tenn. Crim. App. May 22, 2015), perm. app. denied (Tenn. Aug. 12, 2015), he filed a petition for writ of habeas corpus, which appears to be a confusing and convoluted rehash of his post-conviction petition, claiming this time that his trial counsel had “[m]ade up evidence along with the state DA to get [a] guilty plea” and, without providing any details, that his “due process rights were violated.” He has appealed the trial court’s order denying the petition because he had failed to show that the judgments were facially void. Following our review, we affirm the denial of relief, pursuant to Rule 20, Rules of the Court of Criminal Appeals.

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