The Tennessee Supreme Court ruled today that a sentence imposed in accordance with a statute that later was declared unconstitutional is voidable, but not illegal, within the meaning of Tennessee Rule of Criminal Procedure 36.1. The rule allows defendants or the state to file a motion at any time to correct an illegal sentence, which is defined as a sentence that is not authorized by law or directly conflicts with the law. By contrast, the court said voidable sentences must be challenged through the post-conviction process, which has set time limits. The court said it based its reasoning on the fact that the law in question (a criminal gang enhancement statute) was presumptively constitutional and did not directly conflict with any other law at the time the sentence was imposed, though it was later found to be unconstitutional. The unanimous opinion was authored by Justice Cornelia A. Clark.

The Tennessee Supreme Court today affirmed the assessment of costs associated with disciplinary proceedings taken against Memphis attorney Larry E. Parrish. The court also ordered him to pay the costs within 45 days. Parrish had challenged the assessment of fees, arguing that the court should have used a revised 2014 version of Rule 9, which was in place when he was reinstated, rather than the version of the rule in place in 2013 when disciplinary action against him was initiated. The court found that the version of Rule 9 that should be used in disciplinary cases is the version in effect at the time the proceedings are filed or initiated, not when the attorney is reinstated. The court also notes that failure to pay the costs on time may serve as grounds for revocation of reinstatement. Read more from the court.

Several Tennessee Supreme Court justices and intermediate appellate judges on Monday joined other state leaders to help escort the three State of Tennessee Constitutions to the new State Library and Archives on Bicentennial Mall. The event began at the old library and archives next to the Nashville Supreme Court building, where Chief Justice Jeff Bivins, Justice Holly Kirby, Justice Roger A. Page, Court of Appeals Judge Andy D. Bennett, Court of Criminal Appeals Judge Tim Easter, and Court of Appeals Judge W. Neal McBrayer joined. The procession wound its way through the streets of Nashville where it was joined by Attorney General Herbert Slatery, Gov. Bill Lee and members of the General Assembly. The documents traveled in custom-made boxes to their new home where they will be displayed for a limited time after the grand opening and again on Statehood Day in the Library & Archives’ new exhibition space. 

The Tennessee Supreme Court today reinstated a jury verdict against Shalonda Weems, a Davidson County woman found guilty of aggravated child neglect. The court concluded that the evidence at trial could have led a reasonable jury to determine that the state successfully proved all of the necessary elements beyond a reasonable doubt. Following the jury verdict, Weems filed a motion for judgment of acquittal. The trial court and the Court of Criminal Appeals found that the evidence was insufficient to prove Weems acted knowingly. The Supreme Court said the lower court erred in applying the standard of review when considering the motion for judgment of acquittal, improperly weighed the evidence, failed to disregard countervailing evidence, and failed to recognize the jury’s ability to draw inferences and make conclusions from the evidence presented.

The Tennessee Supreme Court is considering a case that could pave the way for nearly 200 people to be released from prison for crimes they committed as juveniles, Nashville Public Radio reports. The case involves Tyshon Booker, who was 16 years old when he was sentenced to life in prison for shooting and killing someone during a botched robbery in Knoxville. He was convicted of first-degree murder and sentenced to serve at least 51 years of a life sentence. Advocates of juvenile sentencing reform argue these sentences run afoul of a recent U.S. Supreme Court case that found teens must have a “meaningful opportunity” for life after prison. So far, no Tennessee court has recognized the new standard, arguing the law in question allowed no chance of release while Tennessee permits parole after 51 years.

Three cases are set to be heard by the Tennessee Supreme Court tomorrow. The first case, State of Tennessee v. Tyshon Booker, will be livestreamed on the Administrative Office of the Courts YouTube page at 9 a.m. CST. The second case, Affordable Care Construction Services, Inc. v. Auto-Owners Insurance Company et al. and the third case, In re Larry E. Parrish, will be submitted on briefs. The AOC’s website has more details on each case.

The Tennessee Supreme Court today ruled that the inevitable discovery rule does not apply when law enforcement merely “could have” obtained evidence through a search warrant or other lawful means. The ruling stems from State v. Scott, in which the defendant’s home was searched without consent while law enforcement was trying to locate a man with outstanding warrants. During the search, drugs were found, and the defendant was later convicted of possession charges. The suspect originally sought by law enforcement was not located during the search. The high court concluded that the defendant’s home was searched illegally and that evidence found during the search was not admissible. The justices unanimously ruled that the defendant’s convictions must be dismissed, concluding that law enforcement would not have discovered the drugs without the search in question  and that exigent circumstances did not exist to justify the constructive seizure of the defendant’s home. The Administrative Office of the Courts has more on the ruling.

The Supreme Court Buildings in Jackson and Nashville will remain closed tomorrow due to inclement weather. These closures include the Appellate Court Clerk's Office in both buildings. E-Filing will remain available. In addition, questions may be directed to the Knoxville Appellate Court Clerk's Office at (865) 594-6700.  Oral arguments for the Court of Appeals Western Section and Court of Criminal Appeals Eastern Section scheduled to be held virtually will proceed as planned. The Administrative Office of the Courts will be open and working virtually, unless an update affecting all state employees in Middle Tennessee is announced at a later time.

The Tennessee Supreme Court today ordered that the July bar exam be held as a computer-based test due to continued concerns about the COVID-19 pandemic. The order explains that many of the test takers are in their 20s and not likely to be vaccinated by the July exam date. Restrictions on holding large, indoor gatherings that will still be in place also contributed to the decision. The National Conference of Bar Examiners is preparing a remotely administered Uniform Bar Examination (UBE) that will be utilized. Applicants who pass the online bar exam will be eligible for admission in Tennessee and any of the 35 other states that accept a UBE score. Registration for the July bar exam will open on March 1. The February bar exam was already set to be taken remotely. Read more from the Administrative Office of the Courts.  

The Jackson Supreme Court Building and the Nashville Supreme Court Building will be closed tomorrow due inclement weather conditions. The closures include the appellate court clerk's office in both buildings. E-filing will remain available and questions may be directed to the Knoxville appellate court clerk's office at 865-594-6700. Oral arguments for the Court of Appeals Western Section that were already scheduled to be held virtually tomorrow will proceed as planned. The Administrative Office of the Courts will be open and working virtually, unless an update affecting all state employees is announced at a later time. Read the announcement. In related news, legislative leaders have canceled committee meetings and closed the Cordell Hull Building until at least Wednesday, the Tennessee Journal reports. Leaders said they would monitor further developments before making a decision about whether to return Wednesday.