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Posted by: Chandra Williams on Dec 2, 2015

Court: TN Supreme Court

Attorneys 1:

Mark A. Fulks and R. Andrew Hutchinson, Johnson City, Tennessee, for the appellant, Adrian R. Brown.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Andre´e S. Blumstein, Solicitor General; Rachel E. Willis, Senior Counsel; Stephen Crump, District Attorney General; and Krista Oswalt, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): CLARK

We granted this appeal to determine whether Tennessee Rule of Criminal Procedure 36.1 (“Rule 36.1”) permits parties to seek correction of expired illegal sentences. We hold that Rule 36.1 does not expand the scope of relief available for illegal sentence claims and therefore does not authorize the correction of expired illegal sentences. We also conclude that a Rule 36.1 motion alleging that a trial court failed to award pretrial jail credit is insufficient to state a colorable claim for relief from an illegal sentence. Applying these holdings, we affirm the judgment of the Court of Criminal Appeals upholding the trial court’s dismissal of the defendant’s Rule 36.1 motion.