Milburn L. Edwards v. State of Tennessee

Case Number
M2010-02001-CCA-R3-HC

Petitioner, Milburn L. Edwards, was convicted by a Davidson county jury of multiple counts of rape, first degree burglary, aggravated burglary, and one count each of second degree burglary, aggravated rape, assault with intent to commit rape, and robbery. State v. Edwards, 868 S.W.2d 682, 685 (Tenn. Crim. App. 1993) The trial court sentenced Petitioner to an effective sentence of life plus 415 years. Id. On appeal, this Court affirmed Petitioner’s convictions and modified his sentence to an effective sentence of life plus seventy-five years and an additional effective sentence of 120 years. Id. at 705. Subsequently, Petitioner unsuccessfully filed a petition for post-conviction relief and three petitions of writ of habeas corpus relief. See Milburn L. Edwards v. Cherry Lindamood, No. M2009-01132-CCA-MR3- HC, 2010 WL 2134156 (Tenn. Crim. App., at Nashville, May 27, 2010); Milburn L. Edwards v. Cherry Lindamood, No. M2006-01092-CCA-R3-HC, 2007 WL 152233 (Tenn. Crim. App., at Nashville, Jan. 17, 2007), perm. app. denied, (Tenn. Apr. 16, 2007) (affirming the habeas corpus court’s dismissal of the petition for writ of habeas corpus); Milburn L. Edwards v. State, No. M2004-01378-CCA-R3-HC, 2005 WL 544714 (Tenn. Crim. App., at Nashville, Mar. 7, 2005), perm. app. denied, (Tenn. Aug. 29, 2005) (affirming the habeas corpus court’s dismissal of the petition for writ of habeas corpus); Milburn L. Edwards v. State, No. M2002-02124-CCA-R3-PC, 2003 WL 23014683 (Tenn. Crim. App., at Nashville, Dec. 15, 2003) (affirming the post-conviction court’s denial of the petition for postconviction relief). The subject of this appeal is Petitioner’s fourth petition for writ of habeas corpus in which he argues that the habeas corpus court erred in summarily dismissing his petition based on the State’s argument that the issue of whether Petitioner was properly sentenced under the 1982 Sentencing Act as opposed to the 1989 Sentencing Act was previously determined. Because we have concluded that this issue was previously determined on direct appeal, we affirm the habeas corpus court’s dismissal of the petition.

 

Authoring Judge
Judge Jerry L. Smith
Originating Judge
Judge Stella Hargrove
Case Name
Milburn L. Edwards v. State of Tennessee
Date Filed
Dissent or Concur
No
Download PDF Version