Joseph Faulkner, A/K/A Jerry Faulkner v. State Of Tennessee

Case Number
W2004-02354-SC-R11-HC

In this case, we granted permission to appeal to determine whether a prisoner serving concurrent state and federal sentences in a federal correctional institution may attack his state convictions pursuant to a petition for writ of habeas corpus filed in this state. We hold that the petitioner, who is incarcerated in a federal correctional institution serving concurrent state and federal sentences, is not barred from challenging his state convictions by a state writ of habeas corpus. Because the petitioner has failed to attach the requisite documentation in support of his claim that his sentences are illegal, however, we affirm the summary dismissal of the petition but do so on different grounds than either the trial court or the Court of Criminal Appeals.

Authoring Judge
Justice Gary R. Wade
Originating Judge
Judge James C. Beasley, Jr.
Case Name
Joseph Faulkner, A/K/A Jerry Faulkner v. State Of Tennessee
Date Filed
Dissent or Concur
No
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