Author Ray Turner v. David Mills, Warden - Concurring

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE September 28, 2011 Session AUTHOR RAY TURNER v. STATE OF TENNESSEE Appeal from the Criminal Court for Morgan County No. 9422 E. Eugene Eblen, Judge No. E2011-00074-CCA-R3-HC - Filed April 25, 2012 J OSEPH M. T IPTON, P.J., concurring. I concur with the majority opinion. As indicated in the opinion, I have criticized Summers v. Fortner,

267 S.W.3d 1

(Tenn. Crim. App. 2008), for its holding that a habeas court, not the convicting court, is to determine from the existing record if a petitioner subjected to an illegal sentence should be…