Curry v. State

Walter E. Curry appeals from the trial court’s order denying his petition for writ of habeas corpus. We affirm.

Curry was convicted and sentenced in August 2008. He filed a timely appeal from his judgment and sentence. In December 2008, while his direct appeal was still pending, Curry filed a petition in the trial court for writ of habeas corpus, in which he made arguments going to the merits of the underlying conviction. The trial court correctly noted that Curry’s motion was premature and that the trial court was without jurisdiction to rule on the issues while the appeal was pending. The…