STATE OF TENNESSEE v. DAVID ANTHONY AVERY - Articles

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Posted by: Azya Thornton on Sep 16, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: David Anthony Avery, Henning, Tennessee, pro se.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Benjamin A. Ball, Senior Assistant Attorney General; Glenn R. Funk, District Attorney General; and Megan King, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Petitioner, David Anthony Avery, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1 claiming that his sentences were illegal because his criminal case was a civil matter, that the United States District Court had original jurisdiction over all civil cases, and that the trial court did not have jurisdiction to impose the sentences. We determine that the motion failed to state a colorable claim and affirm summary dismissal of the motion by the trial court.

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