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IN THE SUPREME COURT OF TENNESSEE AT JACKSON HEARD IN DYERSBURG

VICTOR JAMES CAZES Appellant v. STATE OF TENNESSEE Appellee

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FOR PUBLICATION FILED: OCTOBER 26, 1998 SHELBY COUNTY HON. L. T. LAFFERTY, JUDGE NO. 02-S-01-9707-CR-00064

FILED
October 26, 1998 For Appellant: PETER D. HEIL Nashville, TN For Appellee: Cecil Crowson, Jr. JOHN KNOX WALKUP Appellate C ourt Clerk Attorney General and Reporter MICHAEL E. MOORE Solicitor General ELIZABETH T. RYAN Assistant Attorney General Nashville, TN WILLIAM L. GIBBONS District Attorney General JOHN W. CAMPBELL Assistant District Attorney General Memphis, TN

OPINION

AFFIRMED

BIRCH, J.

We permission to

granted appeal,

Victor

James to

Cazes's Tenn. R.

application App. P. 11,1

for to

pursuant

determine whether the dismissal with prejudice of a post-conviction petition bars consideration of a subsequent one. We conclude that

the dismissal with prejudice compels dismissal of a later petition that is predicated on grounds in existence prior to the dismissal of the former petition.

The appellant was convicted of aggravated rape, assault with intent to commit first-degree murder, and second-degree

burglary.

The Court of Criminal Appeals affirmed the convictions,

and we denied permission to appeal on August 5, 1991.

The petition before us is the appellant's fourth.

The

trial court permitted him to withdraw the first two petitions without prejudice. When, however, he requested permission to

withdraw the third petition, the trial court held a hearing and explained to Cazes that he could not regard his petition in such a whimsical or cavalier manner. While acting abusively toward the

trial court and his counsel, Cazes demanded that the trial court permit withdrawal of the petition. Consequently, the trial court

dismissed the third petition with prejudice.

On motion by the State, the trial court also dismissed the present petition, the appellant's fourth. The court based the

Oral argument was heard in this case on March 4, 1998, in Dyersburg, Dyer County, Tennessee, as part of this Court's S.C.A.L.E.S. (Supreme Court Advancing Legal Education for Students) project. 2

1

dismissal, in part, on the fact that the third petition was dismissed with prejudice. The court also found that several issues were either waived or previously determined under Tenn. Code Ann.

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