Charles Graham aka Charles Stevenson v. Michael Donahue, Warden

The Petitioner, Charles Graham, aka Charles Stevenson, appeals as of right from the Hardeman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. In his petition, the Petitioner argued that his judgment of conviction for tampering with evidence was void because (1) the indictment was defective for failing to include the essential elements of the offense and (2) the facts alleged in the indictment demonstrate that he “mere[ly] abandon[ed]” the marijuana not that he tampered with the evidence. On appeal, he contends that there was a material variance between the indictment on the tampering with evidence count and the proof offered at trial. Following our review, we affirm the order of the habeas corpus court.