Tharpe v. Head

Fletcher, Presiding Justice.

The issue in this case is whether Tharpe’s habeas corpus petition challenging his habitual violator conviction alleged adverse collateral consequences to sustain his claim. We hold that Tharpe suffers adverse collateral consequences as a result of his habitual violator conviction because the State introduced that conviction as non-statutory evidence in his death penalty trial. Therefore, the habeas court erred in dismissing his petition as moot and we reverse and remand for a decision on the merits.

Keith Leroy Tharpe pled guilty in 1988 to being a habitual traffic…