All Content

Posted by: Landry Butler on Feb 1, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Edward Jerome Harbison, Nashville, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Nicholas White Spangler, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Courtney Nicole Orr, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

The defendant, Edward Jerome Harbison, was convicted of first-degree murder, second degree burglary, and grand larceny for the 1983 death of Edith Russell and sentenced to death. State v. Harbison, 704 S.W.2d 314 (Tenn. 1986). The defendant’s death sentence was eventually commuted, and he is currently serving a term of life imprisonment without the possibility of parole. After numerous appeals, the defendant filed the present motion to correct an illegal sentence pursuant Tennessee Rule of Criminal Procedure 36.1. The defendant argues his sentence under the prior Tennessee statute, Tennessee Code Annotated § 39-2-202(a) (1982), is unconstitutional in addition to a plethora of other claims. Having reviewed the record and the procedural history of the defendant’s convictions, we conclude that the defendant’s claims are either not cognizable under Rule 36.1 and/or have been previously reviewed and resolved by our courts. As a result, the defendant is not entitled to relief.