There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict...
Post-Conviction Relief is Not Available for Expunged Charges
In Tennessee, a person who has pled guilty to a crime may seek post-conviction relief from that judgment of conviction, within one year of the judgment becoming final. In the recent case of Rodriguez v. State, M2011-01485-CCA-R3-PC (Tenn.Crim.App. 1-7-2013), the...
Underage Consumption Conviction Overturned
Post-conviction relief from a plea agreement is uncommon in Tennessee criminal law practice. Post-conviction relief from a misdemeanor plea to underage consumption is all the more rare. It was granted by the Court of Criminal Appeals in the recent case of State v....
