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Post-Conviction Limitations Not Tolled by Lack of Knowledge

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 application of the limitations period in cases where circumstances beyond a petitioner’s control prevented

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

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. Word, M2011-00082-CCA-R3-PC (Tenn.Crim,.App. 7-18-2011). Mr. Word, without counsel at the time, pled guilty in Putnam County

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Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

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