Torian Benson a.k.a. Marcus Terry a.k.a. Marcus Benson v. State of Tennessee

Summary

The Tennessee Supreme Court affirmed the dismissal of Torian Benson's habeas corpus petitions challenging convictions and sentences from 1986, 1989, and 1993. Applying Hickman v. State, the Court held that the petitioner was not imprisoned or restrained of liberty by the challenged convictions because their sentences had expired before he filed the petitions, even though the convictions may have been used to enhance a later sentence.

Holdings

1. A petitioner is not 'imprisoned or restrained of liberty' by challenged convictions and sentences that expired before the filing of a habeas corpus petition, even if the prior convictions were used to enhance a sentence imposed for a separate conviction.
2. The petitioner was not entitled to habeas corpus relief because the challenged convictions and sentences had expired before he sought relief; the court therefore did not need to reach the arguments concerning defective charging instruments or allegedly illegal concurrent sentences.

Questions Presented

1. Whether a petitioner is 'imprisoned or restrained of liberty' by prior convictions and sentences that expired before he filed for habeas corpus relief, when those convictions may have been used to enhance a sentence for unrelated offenses.
2. Whether the petitioner's challenges to the validity of the expired convictions and sentences could support habeas corpus relief.

Disposition

affirmed