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Posted by: Stacey Shrader Joslin on Sep 6, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Gregory L. Hatton, Mountain City, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; Brent A. Cooper, District Attorney General; and Jonathan Davis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Gregory L. Hatton, pleaded guilty on July 18, 1977, to armed robbery, first degree burglary, two counts of simple kidnapping, assault with intent to commit murder, grand larceny, and rape in the Giles County Circuit Court. The offenses in this case occurred in Maury County, and Petitioner's brief states that a motion for a change of venue had been filed in 1977. Maury and Giles County are in the same judicial district. The trial court imposed an effective sentence of life plus thirty years. Gregory Hatton v. State, No. M2000-00756-CCA-R3-PC, 2001 WL 567845 (Tenn. Crim. App. May 25, 2001). He filed a request pursuant to the Post-Conviction DNA Analysis Act of 2001 seeking testing of any physical evidence in his case. The post-conviction court summarily denied relief based upon affidavits from the relevant authorities stating that no physical evidence remained for testing. Upon review, we affirm the judgment of the post-conviction court.