BENSON v. STATE


153 S.W.3d 27 (2004)

Torian BENSON a.k.a. Marcus Terry a.k.a. Marcus Benson v. STATE of Tennessee.

Supreme Court of Tennessee, at Jackson.

December 16, 2004.

Order on Rehearing January 14, 2005.


Attorney(s) appearing for the Case

Ronald D. Krelstein, Germantown, Tennessee, for the appellant, Torian Benson.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; and J. Ross Dyer, Assistant Attorney General, for the appellee, State of Tennessee.


OPINION

WILLIAM M. BARKER, J., delivered the opinion of the court, in which the panel of FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., and JANICE M. HOLDER, JJ., concurred.

This case comes before us on petitions for habeas corpus relief. Although several arguments are raised on appeal, the dispositive issue presented is whether the petitioner is "imprisoned or restrained of liberty" by the challenged judgments and thus eligible...

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