Legal Opinion
Michael T. Henderson v. State of Tennessee - Concurring
Court of Criminal Appeals of Tennessee
Decided December 30, 2010No. E2009-01563-CCA-R3-HCPublished
1Opinion of the Court
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs June 29, 2010 MICHAEL T. HENDERSON v. STATE OF TENNESSEE Direct Appeal from the Criminal Court for Morgan County No. 9056 E. Eugene Eblen, Judge No. E2009-01563-CCA-R3-HC - Filed December 30, 2010 J OSEPH M. T IPTON, P.J., concurring. I concur in the results reached in the majority opinion. I respectfully disagree, though, with the opinion’s conclusion that because the Petitioner’s grand larceny and burglary sentences had been served, the Petitioner was not “in custody” on them, thereby barring habeas corpus relief.…
2Cases cited8 opinions
- Peyton v. RoweSupreme Court of the United States · 1968
- State v. TroutmanTennessee Supreme Court · 1998
- Robert Defoy v. John M. McCullough Superintendent: Gerald J. Pappert, Att. General: Pennsylvania Board of Probation and ParoleCourt of Appeals for the Third Circuit · 2005
- Garlotte v. FordiceSupreme Court of the United States · 1995
- May v. CarltonTennessee Supreme Court · 2008
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