PHILLIP W. KELLEY v. SHAWN PHILLIPS, WARDEN, ET AL. - Articles

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Posted by: Landry Butler on Jun 26, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Phillip W. Kelley, Wartburg, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; and Benjamin A. Ball, Senior Counsel, for the appellee, State of Tennessee.

Judge(s): THOMAS

The pro se Petitioner, Phillip W. Kelley, appeals as of right from the Morgan County Criminal Court’s order summarily dismissing his petition for writ of habeas corpus alleging that his 1982 convictions for three counts of first degree murder and one count of assault with intent to commit murder are void because the trial court’s minutes failed to reflect the indictments. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the trial court.

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