STATE OF TENNESSEE v. MAURICE CURRIE - Articles

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Posted by: Chandra Williams on Oct 23, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Maurice Currie, Memphis, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; and Benjamin A. Ball, Senior Counsel, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Maurice Currie, appeals the summary dismissal of his motion to correct an illegal sentence. He asserts that the trial court erred in summarily dismissing his motion because Rule 36.1 of the Tennessee Rules of Criminal Procedure does not place a time limit on the filing of a claim and the court improperly treated the motion as a petition for writ of habeas corpus. After review, we reverse the trial court’s judgment and remand for proceedings consistent with this opinion.

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