Dickey L. Cotton v. David Mills, Warden - Dissenting

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON DICKEY L. COTTON v. DAVID MILLS, WARDEN Circuit Court for Lauderdale County No. 5904 No. W2004-02523-CCA-R3-HC - Filed September 19, 2005 OPINION DISSENTING IN PART DAVID H. WELLES, J., dissenting in part. I agree that if the allegations and assertions contained in the petition are correct, the Defendant’s sentences appear to be in direct contravention to Tennessee’s sentencing act and are therefore illegal and void. However, because the Defendant’s habeas corpus petition was summarily dismissed without a hearing, I would remand the…