ROBERT WAYNE GARNER v. GRADY PERRY, WARDEN - Articles

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ROBERT WAYNE GARNER v. GRADY PERRY, WARDEN

Posted by: Azya Thornton on Jul 15, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Robert Wayne Garner, Clifton, Tennessee, Pro Se.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; William C. Lundy, Assistant Attorney General; and Brent A. Cooper, District Attorney General, for the appellee, State of Tennessee.

Judge(s): HIXSON

The Petitioner, Robert Wayne Garner, appeals the summary dismissal of his petition for writ of habeas corpus for failure to state a cognizable claim for relief. Specifically, the Petitioner argues that he is entitled to habeas corpus relief because the trial court failed to explicitly order he serve his life sentence for felony murder in the Tennessee Department of Correction (“TDOC”) and failed to indicate the same on his felony murder judgment form. Additionally, the Petitioner alleges two procedural errors occurred in these proceedings: (1) the State was without authority to attach a proposed dismissal order to its motion to dismiss the habeas corpus petition, and (2) the habeas corpus court erred by simply signing the State’s dismissal order without providing extensive findings of fact and conclusions of law for its decision. After review, we affirm.

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