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Tyrus A. Rogers v. David Mills, Warden
Citation: Not availableDocket: W2005-01920-CCA-R3-HC
Court: Court of Criminal Appeals of Tennessee; January 16, 2006; Tennessee; State Appellate Court
Original Court Document: View Document
Tyrus A. Rogers appeals the denial of his habeas corpus petition regarding his conviction for attempted second-degree murder. He was sentenced to twelve years as a Range I, standard offender on June 14, 2004, but claims his sentence was unlawfully increased to fourteen years without his consent, violating Blakely v. Washington. Rogers contends his conviction is void due to the lack of signatures on the judgment form from himself, his attorney, and the trial court. The trial court denied his petition on June 29, 2005, stating he failed to demonstrate that his conviction was void. Rogers filed his notice of appeal on August 10, 2005, more than thirty days post-judgment. Although the State argued for dismissal based on the untimeliness of the appeal, the court waived this requirement due to Rogers proceeding pro se. The court emphasized that grounds for habeas corpus relief are limited, focusing on whether the judgment is void due to lack of jurisdiction or expired sentences. The petitioner bears the burden to prove a void judgment or illegal confinement. The court found no merit in Rogers' claims: he was correctly convicted of attempted second-degree murder, and the absence of the trial judge’s signature does not invalidate the conviction. Additionally, the claim of an illegal sentence enhancement was also deemed non-cognizable. Ultimately, the court affirmed the trial court's denial of the habeas corpus petition, concluding that Rogers did not establish a valid claim for relief.