State v. Thomas Stiger ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
JANUARY 1998 SESSION
FILED
March 26, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
THOMAS HAROLD STIGER, )
) No. 02-C-01-9702-CR-00053
APPELLANT, )
) Shelby County
v. )
) James C. Beasley, Jr., Judge
COMMISSIONER, TENNESSEE )
DEPARTMENT OF CORRECTION, ) (Habeas Corpus)
)
APPELLEE. )
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas Harold Stiger, pro se John Knox Walkup
P. O. Box 34550 Attorney General & Reporter
Memphis, TN 38138 425 Fifth Avenue, North
Nashville, TN 37243-0493
Deborah A. Tullis
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Karen Cook
Assistant District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
OPINION FILED: _______________________________
AFFIRMED PURSUANT TO RULE 20
Joe B. Jones, Presiding Judge
OPINION
The appellant, Thomas Harold Stiger (petitioner), appeals as of right from the
summary dismissal of his habeas corpus action. The trial court dismissed the action
because (a) the petitioner failed to comply with the requirements of Tenn. Code Ann. §§
29-12-101, et seq. and (b) the petitioner is a federal prisoner and was confined to a federal
penal institution when the petition was filed. In this court, the petitioner contends Tenn.
Code Ann. §§ 29-21-101 and -102 are unconstitutionally “vague or indefinite,” and the trial
court erred by applying Tenn. Code Ann. §§ 29-21-101 and -102 to dismiss his habeas
corpus action. After a thorough review of the record, the briefs submitted by the parties,
and the law governing the issues presented for review, it is the opinion of this court that the
judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of
Criminal Appeals.
The judgments of conviction are not void on their face and the sentences expire on
March 27, 2003, according to the exhibits attached to the petition. See Passarella v. State,
891 S.W.2d 619, 626 (Tenn. Crim. App.), per. app. denied (Tenn. 1994). In addition, the
petitioner is presently serving a federal sentence, and he is confined to a Federal Bureau
of Prisons facility. Tenn. Code Ann. § 29-21-102.
________________________________________
JOE B. JONES, PRESIDING JUDGE
CONCUR:
____________________________________
PAUL G. SUMMERS, JUDGE
____________________________________
DAVID G. HAYES, JUDGE