All Content

Posted by: Landry Butler on Jan 30, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Mardoche Olivier, Clarksville, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia Lee, Senior Counsel; John W. Carney, District Attorney General; and Daniel Stephenson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Defendant, Mardoche Olivier, was indicted by the Montgomery County Grand Jury for the offense of driving a vehicle at a time when his license to drive had been canceled, suspended, or revoked. While this charge was pending in Montgomery County Circuit Court, the Defendant filed pro se a petition for habeas corpus relief as to the pending charge. The trial court summarily dismissed the petition and the Defendant has appealed. We conclude that the trial court lacked jurisdiction to consider the Defendant’s habeas corpus petition, and accordingly the trial court properly summarily dismissed the petition. Because the instant appeal is frivolous and because the Defendant is abusing the appellate process, we order that the Clerk of this Court shall not file any further notices of appeal from the Defendant in habeas corpus matters unless the Defendant attaches to the notice of appeal a copy of the final judgment challenged. We tax the costs to the Defendant.