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Posts tagged "guilty plea"

Coram Nobis Claim Must Be Pursued in a Timely Manner

Coram nobis relief (by petition for a writ of error coram nobis) is available in Tennessee to challenge final judgments in criminal cases when there is newly discovered evidence which may undermine the validity of the conviction. There is a one year statute of limitations from the day the judgment becomes final, for filing a petition. However, in many cases the newly discovered evidence at issue is not discovered until after the beginning of that limitations period. So there is also a due process argument for tolling of the limitations period when the grounds for relief arise after the finality of the judgment, and strict application of the limitations period would deny a reasonable opportunity to present the claim.

Coram Nobis Claim Must Be Pursued in a Timely Manner

Coram nobis relief (by petition for a writ of error coram nobis) is available in Tennessee to challenge final judgments in criminal cases when there is newly discovered evidence which may undermine the validity of the conviction. There is a one year statute of limitations from the day the judgment becomes final, for filing a petition. However, in many cases the newly discovered evidence at issue is not discovered until after the beginning of that limitations period. So there is also a due process argument for tolling of the limitations period when the grounds for relief arise after the finality of the judgment, and strict application of the limitations period would deny a reasonable opportunity to present the claim.

Coram Nobis Claim Must Be Pursued in a Timely Manner

Coram nobis relief (by petition for a writ of error coram nobis) is available in Tennessee to challenge final judgments in criminal cases when there is newly discovered evidence which may undermine the validity of the conviction. There is a one year statute of limitations from the day the judgment becomes final, for filing a petition. However, in many cases the newly discovered evidence at issue is not discovered until after the beginning of that limitations period. So there is also a due process argument for tolling of the limitations period when the grounds for relief arise after the finality of the judgment, and strict application of the limitations period would deny a reasonable opportunity to present the claim.

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 Tennessee Court of Criminal Appeals considered whether the guilty plea must result in an actual conviction before post-conviction relief is available. The majority of the panel concluded that where no conviction exists, there is no claim for post-conviction relief.

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 Tennessee Court of Criminal Appeals considered whether the guilty plea must result in an actual conviction before post-conviction relief is available. The majority of the panel concluded that where no conviction exists, there is no claim for post-conviction relief.

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 Tennessee Court of Criminal Appeals considered whether the guilty plea must result in an actual conviction before post-conviction relief is available. The majority of the panel concluded that where no conviction exists, there is no claim for post-conviction relief.

Defendant's Guilty Plea to Child Pornography Charges Valid

A Criminal Defendant who has entered a guilty plea and later believes that he was coerced or that he received ineffective assistance of counsel (which could be receiving bad legal advice or insufficient legal advice regarding the charges and the consequences of the plea) may file a post-conviction petition with the trial court to seek to invalidate the guilty plea. In the recent case of Henson v. State, E2012-00856-CCA-R3-PC (Tenn.Crim.App. 11-26-2012), the Defendant had pled guilty to multiple criminal charges, including aggravated sexual exploitation of a minor. The sexual exploitation charge arose from images discovered on his computer, which had been placed in a share folder on his computer connected to a peer-to-peer file sharing network.

Defendant's Guilty Plea to Child Pornography Charges Valid

A Criminal Defendant who has entered a guilty plea and later believes that he was coerced or that he received ineffective assistance of counsel (which could be receiving bad legal advice or insufficient legal advice regarding the charges and the consequences of the plea) may file a post-conviction petition with the trial court to seek to invalidate the guilty plea. In the recent case of Henson v. State, E2012-00856-CCA-R3-PC (Tenn.Crim.App. 11-26-2012), the Defendant had pled guilty to multiple criminal charges, including aggravated sexual exploitation of a minor. The sexual exploitation charge arose from images discovered on his computer, which had been placed in a share folder on his computer connected to a peer-to-peer file sharing network.

Defendant's Guilty Plea to Child Pornography Charges Valid

A Criminal Defendant who has entered a guilty plea and later believes that he was coerced or that he received ineffective assistance of counsel (which could be receiving bad legal advice or insufficient legal advice regarding the charges and the consequences of the plea) may file a post-conviction petition with the trial court to seek to invalidate the guilty plea. In the recent case of Henson v. State, E2012-00856-CCA-R3-PC (Tenn.Crim.App. 11-26-2012), the Defendant had pled guilty to multiple criminal charges, including aggravated sexual exploitation of a minor. The sexual exploitation charge arose from images discovered on his computer, which had been placed in a share folder on his computer connected to a peer-to-peer file sharing network.

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