Mathis T. Vaughn v. Arvil K. Chapman, Warden and State of Tennessee

Petitioner, Mathis L. Vaughn, was convicted in 1993 of first degree murder during the perpetration of a robbery.  His conviction was affirmed on appeal.  See State v. Mathis T. Vaughn, No. 01C01-0312-CR-00425, 1994 WL 256993, at *1 (Tenn., June 9, 1994).  Subsequently, Petitioner unsuccessfully sought post-conviction relief on the basis of ineffective assistance of counsel.  See Mathis T. Vaughn v. State, No. M2007-00755-CCA-R3-PC, 2001 WL 303034, at *1 (Tenn. Crim. App., at Nashville, Mar. 29, 2001), perm. app. denied, (Tenn. Sept. 17, 2001).  Petitioner first sought habeas corpus relief in 2006; it was denied.  See Mathis T. Vaughn v. James Worthington, Warden, No. E2007-00808-CCA-R3-HC, 2008 WL 58956, at *1 (Tenn. Crim. App., at Knoxville, Jan. 4, 2008).  Petitioner again seeks habeas relief, arguing that his judgment is void because it lists his conviction offense as first degree murder when the jury actually convicted him of first degree felony murder.  The habeas corpus court dismissed the petition.  Petitioner appeals.  After a review, we determine that the habeas corpur court properly dismissed the petition where Petitioner failed to establish that the judgment was void or that his sentence had expired.  Consequently, the judgment of the habeas corpus court is affirmed.