Jonathan Hamilton v. State of Tennessee

Summary

The Tennessee Court of Criminal Appeals denied Jonathan Hamilton’s application for an extraordinary appeal under Tennessee Rule of Appellate Procedure 10 and his request for mandamus relief. The court concluded that Hamilton failed to satisfy Rule 10’s procedural requirements, that mandamus was unnecessary because his post-conviction proceedings were proceeding appropriately, and that his request for recusal was not proper under Rule 10.

Holdings

1. Hamilton's failure to comply with the procedural requirements of Rule 10, including failing to attach an order of the trial court for which review might be available, was fatal to his request for extraordinary review.
2. Mandamus relief was unavailable because the writ is entertained only when necessary to aid the appellate court's functions, and those circumstances were not present.
3. The request for recusal was not appropriate under Tennessee Rule of Appellate Procedure 10.

Questions Presented

1. Whether Hamilton was entitled to an extraordinary appeal under Tennessee Rule of Appellate Procedure 10 despite failing to attach an order of the trial court.
2. Whether a writ of mandamus was warranted to compel compliance with the Post-Conviction Procedure Act.
3. Whether Hamilton's request for recusal of the trial judge was appropriate under Rule 10.

Disposition

writ_denied