Eric O. Carter v. Howard Gentry, et al.

This appeal concerns subject matter jurisdiction. Eric O. Carter (“Petitioner”) filed a petition for writ of mandamus in the Chancery Court for Davidson County (“the Trial Court”) against Howard Gentry (“Gentry”), Davidson County Criminal Court Clerk, 1 and Frank Strada (“Strada”), Commissioner of the Tennessee Department of Correction (“TDOC”), asking that the criminal judgment entered against him be expunged because it was not properly endorsed under the applicable rules and statutes. The Trial Court dismissed the petition for lack of subject matter jurisdiction. Petitioner appeals, arguing that he only wants a ministerial act performed and is not challenging his sentence. We find that Petitioner is in fact challenging his sentence, and the Trial Court lacks subject matter jurisdiction to hear that challenge. We, therefore, affirm the Trial Court.