Jason Clark v. Cherry Lindamood, Warden and State of Tennessee

Case Number
M2008-01926-CCA-R3-HC

The Petitioner, Jason Clark, appeals the Wayne County Circuit Court’s summary dismissal of his petition for habeas corpus relief. The Petitioner was indicted for first degree felony murder and especially aggravated robbery, and he ultimately pleaded guilty as charged. On appeal, the Petitioner argues that the indictment against him was fatally defective and, thus, deprived the trial court of subject matter jurisdiction and violated principles of due process. Specifically, he argues that the indictment did not state the charges against him; i.e., failed to include the words “especially aggravated robbery” and “first degree felony murder.” The habeas corpus court dismissed the petition, finding that the Petitioner had failed to state a cognizable claim for relief. We agree and affirm the order summarily dismissing the petition.

Authoring Judge
Judge David H. Welles
Originating Judge
Judge Robert L. Jones
Case Name
Jason Clark v. Cherry Lindamood, Warden and State of Tennessee
Date Filed
Dissent or Concur
This is a dissenting opinion
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