The Court of Criminal Appeals of Tennessee has upheld the dismissal of a habeas corpus petition filed by Demarcus Keyon Cole. This decision affects Cole, who is currently serving a life sentence plus twenty years for first-degree felony murder and aggravated robbery. The court ruled that Cole's petition was deficient and did not warrant an evidentiary hearing or the appointment of counsel.
The case, Demarcus Keyon Cole v. Julian Wiser, Sheriff, was filed under docket number W2025-01673-CCA-R3-HC. Cole's petition was initially dismissed by the Circuit Court for Madison County, which concluded that he failed to meet the necessary legal requirements to proceed. This ruling is significant as it highlights the stringent standards for habeas corpus petitions in Tennessee.
Background
Demarcus Keyon Cole was convicted in 2013 of first-degree felony murder and especially aggravated robbery. He received a life sentence plus an additional twenty years in prison. Since his conviction, Cole has pursued multiple post-conviction challenges, including petitions for post-conviction relief in both state and federal courts. Many of these attempts have been unsuccessful, demonstrating the challenges faced by individuals seeking to overturn their convictions.
In August 2025, Cole filed a pro se petition for a writ of habeas corpus, claiming that the trial court lacked jurisdiction due to an amended indictment. He argued that the amendment changed the predicate offense supporting his felony murder conviction. This was not the first time he had filed for habeas corpus relief, as he had submitted a similar petition in Trousdale County earlier that year, which was also dismissed.
The Ruling
The Court of Criminal Appeals, led by Judge Steven W. Sword, affirmed the lower court's decision to dismiss Cole's petition. The court found that Cole's petition was deficient and did not establish a valid claim for habeas corpus relief. The ruling stated, "Because he was not entitled to the appointment of counsel or an evidentiary hearing on his deficient petition, the habeas corpus court did not err in summarily dismissing it."
The court also noted that Cole incorrectly named the Madison County Sheriff as the respondent in his petition, despite being housed in a state facility in Trousdale County. This misidentification was one of several procedural errors that contributed to the dismissal. The judges concluded that the habeas corpus court acted correctly in not appointing counsel or allowing Cole to amend his petition, as the deficiencies were substantial.
Impact
This ruling has significant implications for Cole and others in similar situations. It underscores the importance of adhering to procedural requirements when filing habeas corpus petitions. The court's decision reinforces the notion that a petition must clearly present a cognizable claim for relief, and failure to do so can result in a summary dismissal without further proceedings.
Moreover, this ruling may set a precedent for future cases involving habeas corpus petitions in Tennessee. It emphasizes that courts are not obligated to provide counsel or allow amendments if the initial petition fails to meet the necessary legal standards. This could discourage future petitions that do not follow the established guidelines, potentially limiting access to habeas corpus relief for some inmates.
What's Next
Following this ruling, it is unclear whether Cole will pursue further legal action. He may have the option to appeal to the Tennessee Supreme Court, but details were not available in the court filing regarding any potential next steps. Additionally, no related cases were mentioned that could impact Cole's situation.