Tracy Lynn Harris v. State of Tennessee - Concurring

Case Number
E2008-02363-CCA-R3-HC

I concur with the result reached in the majority opinion, given existing precedent. I write separately, though, to express my dissatisfaction with the result reached. I believe that once the habeas court concludes that a judgment is void, whether for an illegal conviction or
illegal sentence, it should transfer the case to the convicting court—a court of equal jurisdiction—for further proceedings. The habeas court should not be allowed to act further regarding the convicting case by limiting the options available to the Petitioner or the convicting court after transfer of the case.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge E. Eugene Eblen
Case Name
Tracy Lynn Harris v. State of Tennessee - Concurring
Date Filed
Dissent or Concur
No