Dewayne Harris v. Steve Upton, Warden

Summary

The Tennessee Court of Criminal Appeals affirmed the summary dismissal of Dewayne Harris’s petition for a writ of habeas corpus. The court held that claims alleging ineffective assistance of counsel and insufficiency of the evidence are not cognizable in habeas corpus proceedings because they concern voidable rather than void judgments. The court concluded that Harris was not entitled to habeas corpus relief.

Holdings

1. A challenge to the sufficiency of the evidence is not a colorable claim for habeas corpus relief because habeas corpus is limited to claims that the judgment is void or that the sentence has expired.
2. The habeas corpus court properly summarily dismissed Harris's petition, and Harris was not entitled to habeas corpus relief.

Questions Presented

1. Whether a challenge to the sufficiency of the evidence supporting a conviction under a theory of criminal responsibility is cognizable in a Tennessee habeas corpus proceeding.
2. Whether the habeas corpus court properly summarily dismissed the petition without granting habeas corpus relief.

Disposition

affirmed