Joey D. Herrell v. Howard Carlton, Warden - Concurring

Case Number
E2009-01162-CCA-R3-HC

I concur in the result reached in the majority opinion, given existing precedent. I believe though, that once the habeas court concludes that a judgment is void, 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 to the convicting court upon transfer of the case.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge Robert E. Cupp
Case Name
Joey D. Herrell v. Howard Carlton, Warden - Concurring
Date Filed
Dissent or Concur
No
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