STATE OF TENNESSEE v. JAMES ALLEN GOOCH, JR. - Articles

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STATE OF TENNESSEE v. JAMES ALLEN GOOCH, JR.

Posted by: Azya Thornton on Apr 7, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: James Allen Gooch, Jr., Gallatin, Tennessee, Pro Se.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Richard D. Douglas, Senior Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Lytle A. James, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MCMULLEN

Pro se Petitioner, James Allen Gooch, Jr., appeals the trial court’s summary denial of his third motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that his sentence is illegal because the State failed to procure a valid arrest warrant. Upon our review, we conclude that the Petitioner has waived this claim for failure to raise it in his trial court motion and that, regardless, this court has already considered and rejected the Petitioner’s argument in a previous appeal. See State v. Gooch, No. M2017-01885-CCA-R3-CD, 2018 WL 3414293 (Tenn. Crim. App. July 13, 2018), no perm. app. filed. Accordingly, we affirm the judgment of the trial court.

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