Devan Denton v. State of Tennessee

Summary

The Tennessee Court of Criminal Appeals affirmed the denial of Devan Denton's habeas corpus petition. The court held that the aggravated-rape indictment counts sufficiently stated the charged offenses and vested jurisdiction in the trial court. It also held that the petition was filed in the wrong county because Denton was normally incarcerated in Hickman County, despite being temporarily present in Shelby County.

Holdings

1. Counts 2, 3, and 6 adequately charged aggravated rape and were not so defective as to deprive the trial court of jurisdiction or render Denton's convictions void.
2. The petition was filed in the wrong court because Tennessee's habeas corpus statute generally requires filing in the court or before the judge most convenient in distance to the applicant, ordinarily the county where the petitioner is incarcerated. Denton's temporary presence in Shelby County for unrelated court proceedings did not constitute a sufficient reason to file there instead of Hickman County.
3. Denton failed to establish that his judgments were void or that his confinement was illegal, so the denial of habeas corpus relief was proper.

Questions Presented

1. Whether Counts 2, 3, and 6 of the indictment were so defective that they failed to charge aggravated rape, deprived the trial court of jurisdiction, and rendered Denton's convictions void.
2. Whether Denton's habeas corpus petition was filed in the court or county most convenient to him under Tennessee Code Annotated section 29-21-105 when he was temporarily present in Shelby County but normally incarcerated in Hickman County.
3. Whether the Shelby County Criminal Court properly denied habeas corpus relief.

Disposition

affirmed