John Allen Hessmer v. Grady Perry, Warden

Summary

The court grants the respondent’s motion to dismiss John Allen Hessmer’s 28 U.S.C. § 2254 petition challenging the application of Tennessee Rule of Criminal Procedure 36.1 to his expired sentences. The court holds that Hessmer was not in custody under the challenged convictions and had not identified any collateral consequences sufficient to preserve an Article III controversy. The court denies the petition, related discovery and counsel motions as moot, and a certificate of appealability.

Holdings

1. A petitioner is not in custody under a state conviction or sentence for purposes of 28 U.S.C. § 2254 when the sentence fully expired before the federal petition was filed; therefore, the court lacked jurisdiction over Hessmer's challenge directed solely at his expired 2000 convictions and sentence.
2. A habeas challenge to an expired conviction is moot when the petitioner identifies no concrete and continuing collateral consequence that is traceable to the conviction and redressable through habeas relief.
3. The court denied the motions for appointment of counsel and discovery as moot and denied a certificate of appealability because reasonable jurists would not disagree with the resolution of the claims.

Questions Presented

1. Whether the federal court had jurisdiction under 28 U.S.C. § 2254 to review a challenge directed solely at convictions and a sentence that had expired before the federal petition was filed.
2. Whether Hessmer's habeas challenge was moot because he identified no concrete and continuing collateral consequence from the expired convictions.
3. Whether Hessmer was entitled to an evidentiary hearing, appointed counsel, or discovery.

Disposition

dismissed